40553 20-1 NationalRegulation - Government Printing Works
Government Gazette Staatskoerant R E P U B L I C O F S O U T H A F R I CA R E P U B L I E K VA N S U I D A F R I K A No. No. 10684 10177
Regulation Gazette Regulation Gazette
Vol. 619
20
January Januarie
Regulasiekoerant Regulasiekoerant
2017
No. 40553
ISSN 1682-5843 N.B. The Government Printing Works will not be held responsible for the quality of “Hard Copies” or “Electronic Files” submitted for publication purposes
9
771682 584003
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40553
2 No. 40553
GOVERNMENT GAZETTE, 20 JANUARY 2017
14/1/1 Tel : (012) 748-6066 Fax : (012) 323-9574 E-mail : [email protected] 20 October 2016 Dear Value Customers The 27th of December 2016 has been declared as a public holiday by the State President Mr Jacob Zuma. For this reason, the closing date of all gazettes during that week will be a day before scheduled dates as published in the gazette or on the website. Sincerely,
Maureen Toka Acting Assistant Director: Publications (Tel): 012 748-6066
This gazette is also available free online at www.gpwonline.co.za
No. 40553 3
STAATSKOERANT, 20 JANUARIE 2017
IMPORTANT NOTICE: The GovernmenT PrinTinG Works
Will noT be held resPonsible for any errors
ThaT miGhT occur due To The submission of incomPleTe
/
incorrecT
/
illeGible coPy.
no fuTure queries Will be handled in connecTion WiTh The above. Contents Gazette No.
No.
Page No.
Government Notices • Goewermentskennisgewings Labour, Department of/ Arbeid, Departement van R. 25 Labour Relations Act, 1995: Cancellation of registration of a trade union: Wood Electrical Printing Union (WEPU) (LR2/6/2/1057).......................................................................................................................................................... 40553 R. 26 Labour Relations Act, 1995: Cancellation of registration of a trade union: Adult Educators Progressive Union (AEPU) (LR 2/6/2/1884)............................................................................................................................................ 40553 R. 27 Labour Relations Act, 1995: Notice of intention to cancel the registration of an employers’ organisation: Employers Association of Afro Hairdressing and Cosmetology of South Africa (EAAHCSA)(LR2/6/3/793)............................... 40553 R. 28 Labour Relations Act, 1995: Invitation to make representations: Building Industry Bargaining Council (Cape of Good Hope).............................................................................................................................................................. 40553 R. 29 Labour Relations Act, 1995: Cancellation of Registration of a Trade Union: Workers Association Union (WAU) (LR2/6/2/2186).......................................................................................................................................................... 40553 R. 30 Labour Relations Act, 1995: Invitation to Make Representations: The Administrative Agreement of the Motor Industry Bargaining Council: Mibco................................................................................................................................... 40553 National Treasury/ Nasionale Tesourie R. 31 Local Government: Municipal Finance Management Act, 2003: Amendment of regulations regarding supply chain management............................................................................................................................................................. 40553 R. 32 Preferential Procurement Policy Framework Act (5/2000): Preferential Procurement Regulations, 2017................... 40553
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11 12 13 14 16 17
19 20
4 No. 40553
GOVERNMENT GAZETTE, 20 JANUARY 2017
Closing times for ORDINARY WEEKLY
REGULATION GAZETTE
2017
The closing time is 15:00 sharp on the following days: ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤
29 December, Thursday, for the issue of Friday 06 January 2017 06 January, Friday, for the issue of Friday 13 January 2017 13 January, Friday, for the issue of Friday 20 January 2017 20 January, Friday, for the issue of Friday 27 January 2017 27 January, Friday, for the issue of Friday 03 February 2017 03 February, Friday, for the issue of Friday 10 February 2017 10 February, Friday, for the issue of Friday 17 February 2017 17 February, Friday, for the issue of Friday 24 February 2017 24 February, Friday, for the issue of Friday 03 March 2017 03 March, Friday, for the issue of Friday 10 March 2017 10 March, Friday, for the issue of Friday 17 March 2017 16 March, Thursday, for the issue of Friday 24 March 2017 24 March, Friday, for the issue of Friday 31 March 2017 31 March, Friday, for the issue of Friday 07 April 2017 06 April, Thursday, for the issue of Thursday 13 April 2017 12 April, Wednesday, for the issue of Friday 21 April 2017 20 April, Thursday, for the issue of Friday 28 April 2017 26 April, Wednesday, for the issue of Friday 05 May 2017 05 May, Friday, for the issue of Friday 12 May 2017 12 May, Friday, for the issue of Friday 19 May 2017 19 May, Friday, for the issue of Friday 26 May 2017 26 May, Friday, for the issue of Friday 02 June 2017 02 June, Friday, for the issue of Friday 09 June 2017 08 June, Thursday, for the issue of Thursday 15 June 2017 15 June, Thursday, for the issue of Friday 23 June 2017 23 June, Friday, for the issue of Friday 30 June 2017 30 June, Friday, for the issue of Friday 07 July 2017 07 July, Friday, for the issue of Friday 14 July 2017 14 July, Friday, for the issue of Friday 21 July 2017 21 July, Friday, for the issue of Friday 28 July 2017 28 July, Friday, for the issue of Friday 04 August 2017 03 August, Thursday, for the issue of Friday 11 August 2017 11 August, Friday, for the issue of Friday 18 August 2017 18 August, Friday, for the issue of Friday 25 August 2017 25 August, Friday, for the issue of Friday 01 September 2017 01 September, Friday, for the issue of Friday 08 September 2017 08 September, Friday, for the issue of Friday 15 September 2017 15 September, Friday, for the issue of Friday 22 September 2017 21 September, Thursday, for the issue of Friday 29 September 2017 29 September, Friday, for the issue of Friday 06 October 2017 06 October, Friday, for the issue of Friday 13 October 2017 13 October, Friday, for the issue of Friday 20 October 2017 20 October, Friday, for the issue of Friday 27 October 2017 27 October, Friday, for the issue of Friday 03 November 2017 03 November, Friday, for the issue of Friday 10 November 2017 10 November, Friday, for the issue of Friday 17 November 2017 17 November, Friday, for the issue of Friday 24 November 2017 24 November, Friday, for the issue of Friday 01 December 2017 01 December, Friday, for the issue of Friday 08 December 2017 08 December, Friday, for the issue of Friday 15 December 2017 15 December, Friday, for the issue of Friday 22 December 2017 20 December, Wednesday, for the issue of Friday 29 December 2017
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No. 40553 5
STAATSKOERANT, 20 JANUARIE 2017
LIST OF TARIFF RATES
FOR PUBLICATION OF NOTICES COMMENCEMENT: 1 APRIL 2016 NATIONAL AND PROVINCIAL Notice sizes for National, Provincial & Tender gazettes 1/4, 2/4, 3/4, 4/4 per page. Notices submitted will be charged at R1000 per full page, pro-rated based on the above categories.
Pricing for National, Provincial - Variable Priced Notices Notice Type
Page Space
New Price (R)
Ordinary National, Provincial
1/4 - Quarter Page
250.00
Ordinary National, Provincial
2/4 - Half Page
500.00
Ordinary National, Provincial
3/4 - Three Quarter Page
750.00
Ordinary National, Provincial
4/4 - Full Page
1000.00
EXTRA-ORDINARY All Extra-ordinary National and Provincial gazette notices are non-standard notices and attract a variable price based on the number of pages submitted. The pricing structure for National and Provincial notices which are submitted as Extra ordinary submissions will be charged at R3000 per page.
This gazette is also available free online at www.gpwonline.co.za
6 No. 40553
GOVERNMENT GAZETTE, 20 JANUARY 2017
GOVERNMENT PRINTING WORKS - BUSINESS RULES The Government Printing Works (GPW) has established rules for submitting notices in line with its electronic notice processing system, which requires the use of electronic Adobe Forms. Please ensure that you adhere to these guidelines when completing and submitting your notice submission.
Closing Times
for
ACCepTAnCe
of
noTiCes
1.
The Government Gazette and Government Tender Bulletin are weekly publications that are published on Fridays and the closing time for the acceptance of notices is strictly applied according to the scheduled time for each gazette.
2.
Please refer to the Submission Notice Deadline schedule in the table below. This schedule is also published online on the Government Printing works website www.gpwonline.co.za All re-submissions will be subject to the standard cut-off times. All notices received after the closing time will be rejected.
Government Gazette Type
Publication Frequency
Publication Date
Submission Deadline
Cancellations Deadline
National Gazette
Weekly
Friday
Friday 15h00 for next Friday
Regulation Gazette
Weekly
Friday
Petrol Price Gazette
As required
Road Carrier Permits
Weekly
First Wednesday of the month Friday
Friday 15h00, to be published the following Friday One week before publication
Unclaimed Monies (justice, labour or lawyers)
January / As required 2 per year As required
Any
Tuesday, 12h00 - 3 days prior to publication Tuesday, 12h00 - 3 days prior to publication 3 days prior to publication 3 days prior to publication 3 days prior to publication
As required Monthly
Any Any
None 7 days prior to publication
Legal Gazettes A, B and C
Weekly
Friday
One week before publication
Tuesday, 12h00 - 3 days prior to publication
Tender Bulletin
Weekly
Friday
Friday 15h00 for next Friday
Tuesday, 12h00 - 3 days prior to publication
Gauteng
Weekly
Wednesday
Two weeks before publication
Eastern Cape
Weekly
Monday
One week before publication
Northern Cape
Weekly
Monday
One week before publication
North West
Weekly
Tuesday
One week before publication
KwaZulu-Natal
Weekly
Thursday
One week before publication
Limpopo
Weekly
Friday
One week before publication
Mpumalanga
Weekly
Friday
One week before publication
3 days after submission deadline 3 days prior to publication 3 days prior to publication 3 days prior to publication 3 days prior to publication 3 days prior to publication 3 days prior to publication
Gauteng Liquor License Gazette
Monthly
Wednesday before the First Friday of the month First Friday of the month First Friday of the month Second & Fourth Friday
Two weeks before publication
3 days after submission deadline
Two weeks before publication
3 days after submission deadline 3 days after submission deadline 3 days prior to publication
Parliament (acts, white paper, green paper) Manuals State of Budget (National Treasury)
Northern Cape Liquor License Monthly Gazette National Liquor License Gazette Monthly Mpumalanga Liquor License Gazette
2 per month
Thursday 15h00, to be published the following Friday 15 January / As required
Any
Two weeks before publication One week before
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3 days prior to publication None 3 days prior to publication
STAATSKOERANT, 20 JANUARIE 2017
No. 40553 7
GOVERNMENT PRINTING WORKS - BUSINESS RULES
noTiCe submission proCess 3.
Download the latest Adobe form, for the relevant notice to be placed, from the Government Printing Works website www.gpwonline.co.za.
4.
The Adobe form needs to be completed electronically using Adobe Acrobat / Acrobat Reader. Only electronically completed Adobe forms will be accepted. No printed, handwritten and/or scanned Adobe forms will be accepted.
5.
The completed electronic Adobe form has to be submitted via email to [email protected]. The form needs to be submitted in its original electronic Adobe format to enable the system to extract the completed information from the form for placement in the publication.
6.
Each notice submission should be sent as a single email. The email should contain all documentation relating to a particular notice submission, each as a separate attachment: 6.1.
Electronically completed Adobe form, specific to the type of notice that is to be placed. 6.1.1.
For National Government Gazette or Provincial Gazette notices, the notices must be accompanied by an electronic Z95 or Z95Prov Adobe form
6.1.2.
The notice content (body copy) MUST be a separate attachment.
6.2. Proof of Payment / Purchase Order: Government Printing Works account customer must include a copy of their Purchase Order. Non-Government Printing Works account customer needs to submit the proof of payment for the notice 6.3. Where separate notice content is applicable (Z95, Z95 Prov and TForm 3, it should also be attached as a separate attachment. (See specifications below, point 11). 6.4. Any additional notice information if applicable. 7.
The electronic Adobe form will be taken as the primary source for the notice information to be published. Instructions that are on the email body or covering letter that contradicts the notice form content will not be considered. The information submitted on the electronic Adobe form will be published as-is.
8.
To avoid duplicated publication of the same notice and double billing, Please submit your notice ONLY ONCE.
9.
Notices brought to GPW by “walk-in” customers on electronic media can only be submitted in Adobe electronic form format. All “walk-in” customers with notices that are not on electronic Adobe forms will be routed to the Contact Centre where they will be assisted to complete the forms in the required format.
10.
Should a customer submit a bulk submission of hard copy notices delivered by a messenger on behalf of any organisation e.g. newspaper publisher, the messenger will be referred back to the sender as the submission does not adhere to the submission rules.
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8 No. 40553
GOVERNMENT GAZETTE, 20 JANUARY 2017
GOVERNMENT PRINTING WORKS - BUSINESS RULES
Copy (sepArATe noTiCe ConTenT DoCumenT) 11.
Where the copy is part of a separate attachment document for Z95, Z95Prov and TForm03 11.1. Copy of notices must be supplied in a separate document and may not constitute part of any covering letter, purchase order, proof of payment or other attached documents. The content document should contain only one notice. (You may include the different translations of the same notice in the same document). 11.2. The notice should be set on an A4 page, with margins and fonts set as follows: Page size = A4 Portrait with page margins: Top = 40mm, LH/RH = 16mm, Bottom = 40mm; Use font size: Arial or Helvetica 10pt with 11pt line spacing; Page size = A4 Landscape with page margins: Top = 16mm, LH/RH = 40mm, Bottom = 16mm; Use font size: Arial or Helvetica 10pt with 11pt line spacing;
CAnCellATions 12.
Cancellation of notice submissions are accepted by GPW according to the deadlines stated in the table above in point 2. Non-compliance to these deadlines will result in your request being failed. Please pay special attention to the different deadlines for each gazette. Please note that any notices cancelled after the cancellation deadline will be published and charged at full cost.
13.
Requests for cancellation must be sent by the original sender of the notice and must accompanied by the relevant notice reference number (N-) in the email body.
AmenDmenTs To 14.
noTiCes
With effect from 01 October 2015, GPW will not longer accept amendments to notices. The cancellation process will need to be followed according to the deadline and a new notice submitted thereafter for the next available publication date.
rejeCTions 15.
All notices not meeting the submission rules will be rejected to the customer to be corrected and resubmitted. Assistance will be available through the Contact Centre should help be required when completing the forms. (012-748 6200 or email [email protected]). Reasons for rejections include the following: 15.1. Incorrectly completed forms and notices submitted in the wrong format, will be rejected. 15.2. Any notice submissions not on the correct Adobe electronic form, will be rejected. 15.3. Any notice submissions not accompanied by the proof of payment / purchase order will be rejected and the notice will not be processed. 15.4. Any submissions or re-submissions that miss the submission cut-off times will be rejected to the customer. The Notice needs to be re-submitted with a new publication date.
This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 20 JANUARIE 2017
No. 40553 9
GOVERNMENT PRINTING WORKS - BUSINESS RULES
ApprovAl
of noTiCes
16.
Any notices other than legal notices are subject to the approval of the Government Printer, who may refuse acceptance or further publication of any notice.
17.
No amendments will be accepted in respect to separate notice content that was sent with a Z95 or Z95Prov notice submissions. The copy of notice in layout format (previously known as proof-out) is only provided where requested, for Advertiser to see the notice in final Gazette layout. Should they find that the information submitted was incorrect, they should request for a notice cancellation and resubmit the corrected notice, subject to standard submission deadlines. The cancellation is also subject to the stages in the publishing process, i.e. If cancellation is received when production (printing process) has commenced, then the notice cannot be cancelled.
governmenT prinTer inDemnifieD AgAinsT liAbiliTy 18.
The Government Printer will assume no liability in respect of— 18.1. any delay in the publication of a notice or publication of such notice on any date other than that stipulated by the advertiser; 18.2. erroneous classification of a notice, or the placement of such notice in any section or under any heading other than the section or heading stipulated by the advertiser; 18.3. any editing, revision, omission, typographical errors or errors resulting from faint or indistinct copy.
liAbiliTy 19.
of ADverTiser
Advertisers will be held liable for any compensation and costs arising from any action which may be instituted against the Government Printer in consequence of the publication of any notice.
CusTomer
inquiries
Many of our customers request immediate feedback/confirmation of notice placement in the gazette from our Contact Centre once they have submitted their notice – While GPW deems it one of their highest priorities and responsibilities to provide customers with this requested feedback and the best service at all times, we are only able to do so once we have started processing your notice submission. GPW has a 2-working day turnaround time for processing notices received according to the business rules and deadline submissions. Please keep this in mind when making inquiries about your notice submission at the Contact Centre. 20.
Requests for information, quotations and inquiries must be sent to the Contact Centre ONLY.
21.
Requests for Quotations (RFQs) should be received by the Contact Centre at least 2 working days before the submission deadline for that specific publication.
This gazette is also available free online at www.gpwonline.co.za
10 No. 40553
GOVERNMENT GAZETTE, 20 JANUARY 2017
GOVERNMENT PRINTING WORKS - BUSINESS RULES
pAymenT
of CosT
22.
The Request for Quotation for placement of the notice should be sent to the Gazette Contact Centre as indicated above, prior to submission of notice for advertising.
23.
Payment should then be made, or Purchase Order prepared based on the received quotation, prior to the submission of the notice for advertising as these documents i.e. proof of payment or Purchase order will be required as part of the notice submission, as indicated earlier.
24.
Where there is any doubt about the cost of publication of a notice, and in the case of copy, an enquiry, accompanied by the relevant copy, should be addressed to the Gazette Contact Centre, Government Printing Works, Private Bag X85, Pretoria, 0001 email: [email protected] before publication.
25.
Overpayment resulting from miscalculation on the part of the advertiser of the cost of publication of a notice will not be refunded, unless the advertiser furnishes adequate reasons why such miscalculation occurred. In the event of underpayments, the difference will be recovered from the advertiser, and future notice(s) will not be published until such time as the full cost of such publication has been duly paid in cash or electronic funds transfer into the Government Printing Works banking account.
26.
In the event of a notice being cancelled, a refund will be made only if no cost regarding the placing of the notice has been incurred by the Government Printing Works.
27.
The Government Printing Works reserves the right to levy an additional charge in cases where notices, the cost of which has been calculated in accordance with the List of Fixed Tariff Rates, are subsequently found to be excessively lengthy or to contain overmuch or complicated tabulation.
proof
of publiCATion
28.
Copies of any of the Government Gazette or Provincial Gazette can be downloaded from the Government Printing Works website www.gpwonline.co.za free of charge, should a proof of publication be required.
29.
Printed copies may be ordered from the Publications department at the ruling price. The Government Printing Works will assume no liability for any failure to post or for any delay in despatching of such Government Gazette(s).
GOVERNMENT PRINTING WORKS CONTACT INFORMATION
Physical Address:
Postal Address:
GPW Banking Details:
Government Printing Works
Private Bag X85
Bank: ABSA Bosman Street
149 Bosman Street
Pretoria
Account No.: 405 7114 016
Pretoria
0001
Branch Code: 632-005
For Gazette and Notice submissions: Gazette Submissions:
E-mail: [email protected]
For queries and quotations, contact: Gazette Contact Centre:
E-mail: [email protected] Tel: 012-748 6200
Contact person for subscribers: Mrs M. Toka:
E-mail: [email protected] Tel: 012-748-6066 / 6060 / 6058 Fax: 012-323-9574
This gazette is also available free online at www.gpwonline.co.za
No. 40553 11
STAATSKOERANT, 20 JANUARIE 2017
Government Notices • Goewermentskennisgewings DEPARTMENT OF LABOUR
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Labour, Department of/ Arbeid, Departement van
NO. R. 25
20 JANUARY 2017
Labour Relations Act, 1995: Cancellation of registration of a trade union: Wood Electrical Printing Union (WEPU) (LR2/6/2/1057)
40553
109 section of terms in hereby, Relations, Labour of Registrar Acting Ntleki, Malixole I,
ELECTRICAL WOOD the of registration the cancel 106(2A) section with read (2) with
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This gazette is also available free online at www.gpwonline.co.za
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12 No. 40553
GOVERNMENT GAZETTE, 20 JANUARY 2017
DEPARTMENT OF LABOUR NO. R. 26
20 JANUARY 2017
Labour Relations Act, 1995: Cancellation of registration of a trade union: Adult Educators Progressive Union (AEPU) (LR 2/6/2/1884)
40553
109 section of terms in hereby, Relations, Labour of Registrar Acting Ntleki, Malixole
R. 26
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This gazette is also available free online at www.gpwonline.co.za
This gazette is also available free online at www.gpwonline.co.za
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20 JANUARY 2017
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DEPARTMENT OF LABOUR No. 40553 13
STAATSKOERANT, 20 JANUARIE 2017
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27112/
LABOUR OF MINISTER MP OLIPHANT, MN
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[email protected]
e-mail: By 4156/4848 309 012 Fax: 0001 PRETORIA,
Bargaining Collective Directorate:
House Laboria
Wasserfall A Ms Attention:
Street Baard Francis 215
X117 Bag Private Address: Postal
PRETORIA
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193/194 Room
Deliveries: Hand
addresses: following
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PRETORIA. Street, Baard Francis 215 House, Laboria Labour, of Department the c/o obtained or inspected be may application this of copy A
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Notice. this of publication
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2016. November 9 on Labour of Department the to submitted was which Agreement Collective Consolidated the
of parties non- to extension the and Agreement Collective Main its regarding operation of period of renewal the for Hope) Good of (Cape Council Bargaining Industry Building the by application the to response in public the from representations inviting 32(5)(c) subsection of provisions the with accordance in notice a publish 1995, Act, Relations Labour the of 32(5)(c) section
with read 32(2) section of terms in hereby do Labour, of Minister Oliphant, Nelisiwe Mildred
I,
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HOPE) GOOD OF (CAPE COUNCIL BARGAINING INDUSTRY BUILDING 1995: ACT, RELATIONS LABOUR THE OF 32(5)(c) SECTION WITH READ 32(2) SECTION OF TERMS IN NOTICE
REPRESENTATIONS MAKE TO INVITATION 1995 ACT, RELATIONS LABOUR R. 28
Labour Relations Act, 1995: Invitation to make representations: Building Industry Bargaining Council (Cape of Good Hope)
40553
NO. R. 28
20 JANUARY 2017 R.
DATE:
DEPARTMENT OF LABOUR
LABOUR OF DEPARTMENT
14 No. 40553
GOVERNMENT GAZETTE, 20 JANUARY 2017
This gazette is also available free online at www.gpwonline.co.za
aka, /a/ aal WEZABASEBENZI UNGQONGQOSHE OLIPHANT N M 4156/4848 309 012 Fax PRETORIA,0001
Wezabasebenzi Umnyango ngefeksi: noma Ngeposi
194 193 Ihhovisi
nabasebenzi kwabagashi Wezokuxoxisana Umqondisi:
House Laboria
Wasserfall A Ms ku: Iqondiswe
Street Baard Francis 215
X117 Bag Private address: Postal
PRETORIA
ngezandla: Okulethwa
alandelayo:
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PRETORIA Street Baard Francis 215 House, Laboria Labour, of Department c/o ku itholakale noma ingahlolwa yalesisicelo Ikhophi
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kulamakheli zilethwe kumele alesisicelo namakhopi mayelana imibuzo kanye/noma Izikhalo
kwalesiSaziso. lokukhishwa osukwini kusukela 21 ezingu izinsuku zingakapheli Wezabasebenzi eMnyangweni zifike kumele Izikhalo
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2016. kuLwezi 9 mhlaka Wezabasebenzi eMnyangweni
esalethwa yaso ingxenye abangeyona kulabo selulelwa esiyingqikithi
nabasebenzi sabaqashi kwesivumelwano
nokwelulwa kanye sokusebenza kwesikhathi
sokwelulwa Hope) Good of Cape (e Yokwakha Embonini Nabasebenzi Kwabaqashi Phakathi Wokuxoxisana soMkhandlu nesicelo mayelana zomphakathi izikhalo sokumema
32(5)(c) zesigatshana ngokwezihlinzeko isaziso ngikhipha 1995, ka Kwezabasebenzi, Wezobudlelwano
soMthetho
32(5)(c)
nesigaba
sifundwa
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lapha WezabaSebenzi, uNgqongqoshe OLIPHANT, NELISIWE MILDRED Mina,
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HOPE) GOOD OF CAPE (E YOKWAKHA EMBONINI NABASEBENZI KWABAQASHI PHAKATHI WOKUXOXISANA UMKHANDLU 1995: KA KWEZABASEBENZI, WOBUDLELWANO SOMTHETHO 32(5)(c) NESIGABA SIFUNDWA 32(2) NGOKWESIGABA ISAZISO
KWEZIKHALO SOKULETHWA ISIMEMO 1995 KWEZABASEBENZI, WEZOBUDLELWANO UMTHETHO
R
USUKU
WEZABASEBENZI UMNYANGO No. 40553 15
STAATSKOERANT, 20 JANUARIE 2017
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Act. the of 111 Section of terms in decision the
against Court Labour the with appeal an lodge may union trade a of registration
the of cancellation the regarding decision the by aggrieved is who person Any
r}- t 2b
k'
t
from effect with
(LR21612/2186) (WAU) Union Association Workers of registration the cancelled
106(2A) Section of terms in have that notice give Act, the of 109(2) Section by required as hereby, Relations, Labour of Registrar Acting Ntleki, Malixole I, I
UNION TRADE A OF REGISTRATION OF CANCELLATION 1995 ACT, RELATIONS LABOUR Labour Relations Act, 1995: Cancellation of Registration of a Trade Union: Workers Association Union (WAU) (LR2/6/2/2186)
40553
NOTICE
NO. R. 29
20 JANUARY 2017
OF
R. 29
DEPARTMENT OF LABOUR
16 No. 40553
GOVERNMENT GAZETTE, 20 JANUARY 2017
LABOUR OF DEPARTMENT
aifyi. LABOUR OF
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a
MINISTE
MP OLIPHANT, MN
go [email protected] [email protected]
e-mail: By 4156/4848 309 012 Fax: 0001 PRETORIA,
Bargaining Collective Directorate:
House Laboria
Mahiangu K S Ms Attention:
Street Baard Francis 215
X117 Bag Private Address: Postal
PRETORIA
Labour of Department Fax: or Post By
121/129 Room
Deliveries: Hand
addresses: following the to submitted be should application the of copies regarding enquiries /or and Representations
4
PRETORIA Street, Baard Francis 215 House, Laboria Labour, of Department the
do obtained or inspected be may Application this of copy A
3
Notice. this of publication
of date the from days
21
than later not Labour of Department the reach must Representations
2
2016. November 23 on Labour of Department the to submitted was which Agreement Administrative its
regarding operation of period of renewal the for application Council's Bargaining Industry Motor the to response in public the from representations inviting 32(5)(c) subsection of provisions
the with accordance in notice a publish 1995, Act, Relations Labour the of 32(5)(c) section with read 32(2) section of terms in hereby do Labour, of Minister Oliphant, Nelisiwe Mildred
1
1,
-MIBCO COUNCIL BARGAINING INDUSTRY MOTOR THE OF AGREEMENT ADMINISTRATIVE
THE 1995: ACT, RELATIONS
LABOUR THE OF 32(5)(c) SECTION WITH READ 32(2) SECTION OF TERMS IN NOTICE REPRESENTATIONS MAKE TO INVITATION
1995 ACT, RELATIONS LABOUR R. 30
Labour Relations Act, 1995: Invitation to Make Representations: The Administrative Agreement of the Motor Industry Bargaining Council: Mibco
40553
NO. R. 30
20 JANUARY 2017 DATE:
R.
DEPARTMENT OF LABOUR LABOUR OF DEPARTMENT
No. 40553 17
STAATSKOERANT, 20 JANUARIE 2017
This gazette is also available free online at www.gpwonline.co.za
D/k /a./d
-1-
WEZABASEBENZI GQOSHE UNGQO
OLIPANT
MN
e'aL gOia
4156/4848 309 012 Fax 0001 PRETORIA, 17 Xl Bag Private address: Postal
Mahlangu SK Ms ku: Igondiswe
Wezokuxoxisana Umqondisi:
Street Baard Francis 215
nabasebenzi kwabaqashi
PRETORIA
House Laboria 129 121 Ihhovisi
Wezabasebenzi Umnyango
ngefeksi: noma Ngeposi
ngezandla Okulethwa
alandelayo: kulamakheli zilethwe kumele alesisiceio namakhopi mayelana imibuzo noma kanye Izikhalo
PRETORIA Street, Baard Fancis 215 House, Laboria Labour, of Department o c ku itholakale noma ingahlolwa yalesisicelo lkhophi
kwalesiSaziso. lokukhiswa osukwini kusukela
21
ezingu izinsuku zingakapheli Wezabasebenzi eMnyangweni zifike kumele Izilchalo
2016. kuLwezi 23 mhlaka Wezabasebenzi eMnyangweni esalethwa yaso ingxenye abangeyona kulabo
selulelwa sokuPhatha nabasebenzi sabaqashi kwesivumelwano sokusebenza kwesikhathi sokwelulwa Yezimoto Embonini
Nabasebenzi Kwabaqashi Phakathi Wokuxoxisana soMkhandlu nesicelo mayelana zomphakathi izikhalo sokumema 32(5)(c) zesigatshana ngokwezihlinzeko isaziso ngikhipha 1995, ka Kwezabasebenzi, Wezobudlelwano soMthetho 32(5)(c) nesigaba sifundwa ngokwesigaba-32(2) lapha Webabasebenzi, uNgqongqoshe Oliphant, Nelisiwe Mildred Mina,
YEZIMOTO SEMBONI SOKUPHATHA ISIVUMELWANO 1995: KA KWEZABASEBENZI, WOBUDLELWANO SOMTHETHO 32(5)(c) NESIGABA SIFUNDWA 32(2) NGOKWESIGABA ISAZISO KWEZIKHALO SOKULETHWA ISIMEMO 1995 KWEZABASEBENZI, WEZOBUDLELWANO UMTHETHO
R
USUKU WEZABASEBENZI UMNYANGO
18 No. 40553
GOVERNMENT GAZETTE, 20 JANUARY 2017
GOVERNMENT NOTICE NATIONAL TREASURY STAATSKOERANT, 20 JANUARIE 2017
No. 40553 19
National Treasury/ Nasionale Tesourie
No. R
2017
NATIONAL TREASURY
NO. R. 31 R. 31
20 JANUARY 2017
Local Government: Municipal Finance Management Act, 2003: Amendment of regulations regarding supply chain management
40553
LOCAL GOVERNMENT: MUNICIPAL FINANCE MANAGEMENT ACT, 2003 – AMENDMENT OF REGULATIONS REGARDING SUPPLY CHAIN MANAGEMENT The Minister of Finance, acting with concurrence of the Minister of Cooperative Governance and Traditional Affairs has, in terms of section 168(1) of the Local Government: Municipal Finance Management Act, 2003 (Act No. 56 of 2003), amended the regulations published under General Notice No. 868 of 30 May 2005, regarding supply chain management, by the substitution for paragraph (e) of the definition of “in the service of the state” in regulation 1 of the following paragraph: “(e)
an executive member of the accounting authority of any national or provincial public entity; or”.
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GOVERNMENT NOTICE 20 No. 40553
No. R. …
GOVERNMENT GAZETTE, 20 JANUARY 2017 NATIONAL TREASURY
2017
NATIONAL TREASURY
NO. R. 32 R. 32
20 JANUARY 2017
Preferential Procurement Policy Framework Act (5/2000): Preferential Procurement Regulations, 2017
40553
PREFERENTIAL PROCUREMENT POLICY FRAMEWORK ACT, 2000: PREFERENTIAL PROCUREMENT REGULATIONS, 2017 The Minister of Finance has, in terms of section 5 of the Preferential Procurement Policy Framework Act, 2000 (Act No. 5 of 2000), made the regulations set out in the Schedule.
SCHEDULE Preferential Procurement Regulations, 2017 Contents 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17.
Definitions Application Identification of preference point system, designated sector, pre-qualification criteria, objective criteria and subcontracting Prequalification criteria for preferential procurement Tenders to be evaluated on functionality 80/20 preference point system for acquisition of goods or services for Rand value equal to or above R30 000 and up to R50 million 90/10 preference point system for acquisition of goods or services with Rand value above R50 million Local production and content Subcontracting as condition of tender Criteria for breaking deadlock in scoring Award of contracts to tenderers not scoring highest points Subcontracting after award of tender Cancellation of tender Remedies Circulars and guidelines Repeal of Regulations and saving Short title and commencement
1
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STAATSKOERANT, 20 JANUARIE 2017
No. 40553 21
Definitions 1. In these Regulations, unless the context indicates otherwise, any word or expression to which a meaning has been assigned in the Act must bear the meaning so assigned“B-BBEE” means broad-based black economic empowerment as defined in section 1 of the Broad-Based Black Economic Empowerment Act; “B-BBEE status level of contributor” means the B-BBEE status of an entity in terms of a code of good practice on black economic empowerment issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act; “black designated groups” has the meaning assigned to it in the codes of good practice issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act; “black people” has the meaning assigned to it in section 1 of the Broad-Based Black Economic Empowerment Act; “Broad-Based Black Economic Empowerment Act” means the Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003); “co-operative” means a co-operative registered in terms of section 7 of the Cooperatives Act, 2005 (Act No. 14 of 2005); “designated group” means(a) black designated groups; (b) black people; (c) women; (d) people with disabilities; or (e) small enterprises, as defined in section 1 of the National Small Enterprise Act, 1996 (Act No. 102 of 1996); “designated sector” means a sector, sub-sector or industry or product designated in terms of regulation 8(1)(a); “EME” means an exempted micro enterprise in terms of a code of good practice on black economic empowerment issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act; “functionality” means the ability of a tenderer to provide goods or services in accordance with specifications as set out in the tender documents; “military veteran” has the meaning assigned to it in section 1 of the Military Veterans Act, 2011 (Act No. 18 of 2011); “National Treasury” has the meaning assigned to it in section 1 of the Public Finance Management Act, 1999 (Act No. 1 of 1999); “people with disabilities” has the meaning assigned to it in section 1 of the Employment Equity Act, 1998 (Act No. 55 of 1998); “price” includes all applicable taxes less all unconditional discounts; “proof of B-BBEE status level of contributor” means(a) the B-BBEE status level certificate issued by an authorised body or person; (b) a sworn affidavit as prescribed by the B-BBEE Codes of Good Practice; or (c) any other requirement prescribed in terms of the Broad-Based Black Economic Empowerment Act; 2 This gazette is also available free online at www.gpwonline.co.za
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GOVERNMENT GAZETTE, 20 JANUARY 2017
“QSE” means a qualifying small business enterprise in terms of a code of good practice on black economic empowerment issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act; “Rand value” means the total estimated value of a contract in Rand, calculated at the time of the tender invitation; “rural area” means(a) a sparsely populated area in which people farm or depend on natural resources, including villages and small towns that are dispersed through the area; or (b) an area including a large settlement which depends on migratory labour and remittances and government social grants for survival, and may have a traditional land tenure system; “stipulated minimum threshold” means the minimum threshold stipulated in terms of regulation 8(1)(b); “the Act” means the Preferential Procurement Policy Framework Act, 2000 (Act No. 5 of 2000); “township” means an urban living area that any time from the late 19th century until 27 April 1994, was reserved for black people, including areas developed for historically disadvantaged individuals post 27 April 1994; “treasury” has the meaning assigned to it in section 1 of the Public Finance Management Act, 1999 (Act No. 1 of 1999); and “youth” has the meaning assigned to it in section 1 of the National Youth Development Agency Act, 2008 (Act No. 54 of 2008). Application 2. These Regulations apply to organs of state as envisaged in the definition of organ of state in section 1 of the Act. 1 Identification of preference point system, designated sector, pre-qualification criteria, objective criteria and subcontracting
(a)
1
3. An organ of state mustdetermine and stipulate in the tender documents(i) the preference point system applicable to the tender as envisaged in regulation 6 or 7; or
The definition of “organ of state” in section 1 of the Act in paragraph (a) to (e) includes• a national or provincial department as defined in the Public Finance Management Act, 1999; • a municipality as contemplated in the Constitution; • a constitutional institution as defined in the Public Finance Management Act; • Parliament; • a provincial legislature. Paragraph (f) of the definition of organ of state in section 1 of the Act includes any other institution or category of institutions included in the definition of “organ of state” in section 239 of the Constitution and recognised by the Minister by notice in the Government Gazette as an institution or category of institutions to which the Act applies. Government Notice R. 501 of 8 June 2011 recognises, with effect from 7 December 2011, all public entities listed in Schedules 2 and 3 to the Public Finance Management Act, 1999, as institutions to which the Act applies. Note should be taken of notices issued from time to time in terms of paragraph (f) of this definition. The application of these Regulations is also subject to applicable exemptions approved in terms of section 3 of the Act.
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STAATSKOERANT, 20 JANUARIE 2017
No. 40553 23
(ii)
(b) (c) (d) (e)
if it is unclear which preference point system will be applicable, that either the 80/20 or 90/10 preference point system will apply and that the lowest acceptable tender will be used to determine the applicable preference point system; determine whether pre-qualification criteria are applicable to the tender as envisaged in regulation 4; determine whether the goods or services for which a tender is to be invited, are in a designated sector for local production and content as envisaged in regulation 8; determine whether compulsory subcontracting is applicable to the tender as envisaged in regulation 9; and determine whether objective criteria are applicable to the tender as envisaged in regulation 11.
Pre-qualification criteria for preferential procurement 4.(1) If an organ of state decides to apply pre-qualifying criteria to advance certain designated groups, that organ of state must advertise the tender with a specific tendering condition that only one or more of the following tenderers may respond(a) a tenderer having a stipulated minimum B-BBEE status level of contributor; (b) an EME or QSE; (c) a tenderer subcontracting a minimum of 30% to(i) an EME or QSE which is at least 51% owned by black people; (ii) an EME or QSE which is at least 51% owned by black people who are youth; (iii) an EME or QSE which is at least 51% owned by black people who are women; (iv) an EME or QSE which is at least 51% owned by black people with disabilities; (v) an EME or QSE which is 51% owned by black people living in rural or underdeveloped areas or townships; (vi) a cooperative which is at least 51% owned by black people; (vii) an EME or QSE which is at least 51% owned by black people who are military veterans; (viii) an EME or QSE. (2) A tender that fails to meet any pre-qualifying criteria stipulated in the tender documents is an unacceptable tender. Tenders to be evaluated on functionality 5.(1) An organ of state must state in the tender documents if the tender will be evaluated on functionality. (2) The evaluation criteria for measuring functionality must be objective. (3) The tender documents must specify(a) the evaluation criteria for measuring functionality; (b) the points for each criteria and, if any, each sub-criterion; and 4 This gazette is also available free online at www.gpwonline.co.za
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GOVERNMENT GAZETTE, 20 JANUARY 2017
(c)
the minimum qualifying score for functionality. (4) The minimum qualifying score for functionality for a tender to be considered further(a) must be determined separately for each tender; and (b) may not be so(i) low that it may jeopardise the quality of the required goods or services; or (ii) high that it is unreasonably restrictive. (5) Points scored for functionality must be rounded off to the nearest two decimal places. (6) A tender that fails to obtain the minimum qualifying score for functionality as indicated in the tender documents is not an acceptable tender. (7) Each tender that obtained the minimum qualifying score for functionality must be evaluated further in terms of price and the preference point system and any objective criteria envisaged in regulation 11. 80/20 preference point system for acquisition of goods or services for Rand value equal to or above R30 000 and up to R50 million 6.(1) The following formula must be used to calculate the points out of 80 for price in respect of a tender with a Rand value equal to or above R30 000 and up to a Rand value of R50 million, inclusive of all applicable taxes:
Pt − P min Ps = 80 1 − P min WherePs
=
Points scored for price of tender under consideration;
Pt
=
Price of tender under consideration; and
Pmin
=
Price of lowest acceptable tender.
(2) BBEE:
The following table must be used to calculate the score out of 20 for B-
B-BBEE Status Level of Contributor 1 2 3 4 5 6
Number of Points 20 18 14 12 8 6 5
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No. 40553 25
STAATSKOERANT, 20 JANUARIE 2017
7 8 Non-compliant contributor
4 2 0
(3) A tenderer must submit proof of its B-BBEE status level of contributor. (4) A tenderer failing to submit proof of B-BBEE status level of contributor or is a non-compliant contributor to B-BBEE may not be disqualified, but(a) may only score points out of 80 for price; and (b) scores 0 points out of 20 for B-BBEE. (5) A tenderer may not be awarded points for B-BBEE status level of contributor if the tender documents indicate that the tenderer intends subcontracting more than 25% of the value of the contract to any other person not qualifying for at least the points that the tenderer qualifies for, unless the intended subcontractor is an EME that has the capability to execute the subcontract. (6) The points scored by a tenderer for B-BBEE in terms of subregulation (2) must be added to the points scored for price under subregulation (1). (7) The points scored must be rounded off to the nearest two decimal places. (8) Subject to subregulation (9) and regulation 11, the contract must be awarded to the tenderer scoring the highest points. (9)(a) If the price offered by a tenderer scoring the highest points is not marketrelated, the organ of state may not award the contract to that tenderer. (b) The organs of state may(i) negotiate a market-related price with the tenderer scoring the highest points or cancel the tender; (ii) if the tenderer does not agree to a market-related price, negotiate a market-related price with the tenderer scoring the second highest points or cancel the tender; (iii) if the tenderer scoring the second highest points does not agree to a market-related price, negotiate a market-related price with the tenderer scoring the third highest points or cancel the tender. (c) If a market-related price is not agreed as envisaged in paragraph (b)(iii), the organ of state must cancel the tender. 90/10 preference point system for acquisition of goods or services with Rand value above R50 million 7.(1) The following formula must be used to calculate the points out of 90 for price in respect of a tender with a Rand value above R50 million, inclusive of all applicable taxes: Where-
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GOVERNMENT GAZETTE, 20 JANUARY 2017
Pt − P min Ps = 90 1 − P min Ps
=
Points scored for price of tender under consideration;
Pt
=
Price of tender under consideration; and
Pmin =
Price of lowest acceptable tender.
(2) BBEE:
The following table must be used to calculate the points out of 10 for B-
B-BBEE Status Level of Contributor 1 2 3 4 5 6 7 8 Non-compliant contributor
Number of Points 10 9 6 5 4 3 2 1 0
(3) A tenderer must submit proof of its B-BBEE status level of contributor. (4) A tenderer failing to submit proof of B-BBEE status level of contribution or is a non-compliant contributor to B-BBEE may not be disqualified, but(a) may only score points out of 90 for price; and (b) scores 0 points out of 10 for B-BBEE. (5) A tenderer may not be awarded points for B-BBEE status level of contributor if the tender documents indicate that the tenderer intends subcontracting more than 25% of the value of the contract to any other person not qualifying for at least the points that the tenderer qualifies for, unless the intended subcontractor is an EME that has the capability to execute the subcontract. (6) The points scored by a tenderer for B-BBEE contribution in terms of subregulation (2) must be added to the points scored for price under subregulation (1). (7) The points scored must be rounded off to the nearest two decimal places. (8) Subject to subregulation (9) and regulation 11, the contract must be awarded to the tenderer scoring the highest points. (9)(a) If the price offered by a tenderer scoring the highest points is not marketrelated, the organ of state may not award the contract to that tenderer. (b) The organs of state may7 This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 20 JANUARIE 2017
No. 40553 27
(i)
negotiate a market-related price with the tenderer scoring the highest points or cancel the tender; (ii) if the tenderer does not agree to a market-related price, negotiate a market-related price with the tenderer scoring the second highest points or cancel the tender; (iii) if the tenderer scoring the second highest points does not agree to a market-related price, negotiate a market-related price with the tenderer scoring the third highest points or cancel the tender. (c) If a market-related price is not agreed as envisaged in paragraph (b)(iii), the organ of state must cancel the tender. Local production and content 8.(1) The Department of Trade and Industry may, in consultation with the National Treasury(a) designate a sector, sub-sector or industry or product in accordance with national development and industrial policies for local production and content, where only locally produced services or goods or locally manufactured goods meet the stipulated minimum threshold for local production and content, taking into account economic and other relevant factors; and (b) stipulate a minimum threshold for local production and content. (2) An organ of state must, in the case of a designated sector, advertise the invitation to tender with a specific condition that only locally produced goods or locally manufactured goods, meeting the stipulated minimum threshold for local production and content, will be considered. (3) The National Treasury must inform organs of state of any designation made in terms of regulation 8(1) through a circular. (4)(a) If there is no designated sector, an organ of state may include, as a specific condition of the tender, that only locally produced services or goods or locally manufactured goods with a stipulated minimum threshold for local production and content, will be considered. (b) The threshold referred to in paragraph (a) must be in accordance with the standards determined by the Department of Trade and Industry in consultation with the National Treasury. (5) A tender that fails to meet the minimum stipulated threshold for local production and content is an unacceptable tender. Subcontracting as condition of tender 9.(1) If feasible to subcontract for a contract above R30 million, an organ of state must apply subcontracting to advance designated groups. (2) If an organ of state applies subcontracting as contemplated in subregulation (1), the organ of state must advertise the tender with a specific tendering condition that the successful tenderer must subcontract a minimum of 30% of the value of the contract to(a) an EME or QSE; 8 This gazette is also available free online at www.gpwonline.co.za
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GOVERNMENT GAZETTE, 20 JANUARY 2017
(b) (c) (d) (e) (f)
an EME or QSE which is at least 51% owned by black people; an EME or QSE which is at least 51% owned by black people who are youth; an EME or QSE which is at least 51% owned by black people who are women; an EME or QSE which is at least 51% owned by black people with disabilities; an EME or QSE which is 51% owned by black people living in rural or underdeveloped areas or townships; (g) a cooperative which is at least 51% owned by black people; (h) an EME or QSE which is at least 51% owned by black people who are military veterans; or (i) more than one of the categories referred to in paragraphs (a) to (h). (3) The organ of state must make available the list of all suppliers registered on a database approved by the National Treasury to provide the required goods or services in respect of the applicable designated groups mentioned in subregulation (2) from which the tenderer must select a supplier. Criteria for breaking deadlock in scoring 10.(1) If two or more tenderers score an equal total number of points, the contract must be awarded to the tenderer that scored the highest points for B-BBEE. (2) If functionality is part of the evaluation process and two or more tenderers score equal total points and equal preference points for B-BBEE, the contract must be awarded to the tenderer that scored the highest points for functionality. (3) If two or more tenderers score equal total points in all respects, the award must be decided by the drawing of lots. Award of contracts to tenderers not scoring highest points 11.(1) A contract may be awarded to a tenderer that did not score the highest points only in accordance with section 2(1)(f) of the Act. (2) If an organ of state intends to apply objective criteria in terms of section 2(1)(f) of the Act, the organ of state must stipulate the objective criteria in the tender documents. Subcontracting after award of tender 12.(1) A person awarded a contract may only enter into a subcontracting arrangement with the approval of the organ of state. (2) A person awarded a contract in relation to a designated sector, may not subcontract in such a manner that the local production and content of the overall value of the contract is reduced to below the stipulated minimum threshold. (3) A person awarded a contract may not subcontract more than 25% of the value of the contract to any other enterprise that does not have an equal or higher B-BBEE status level of contributor than the person concerned, unless the contract is subcontracted to an EME that has the capability and ability to execute the subcontract. 9 This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 20 JANUARIE 2017
No. 40553 29
Cancellation of tender 13. (1) An organ of state may, before the award of a tender, cancel a tender invitation if(a) due to changed circumstances, there is no longer a need for the goods or services specified in the invitation; (b) funds are no longer available to cover the total envisaged expenditure; (c) no acceptable tender is received; or (d) there is a material irregularity in the tender process. (2) The decision to cancel a tender invitation in terms of subregulation (1) must be published in the same manner in which the original tender invitation was advertised. (3) An organ of state may only with the prior approval of the relevant treasury cancel a tender invitation for the second time. Remedies 14.(1) Upon detecting that a tenderer submitted false information regarding its BBBEE status level of contributor, local production and content, or any other matter required in terms of these Regulations which will affect or has affected the evaluation of a tender, or where a tenderer has failed to declare any subcontracting arrangements, the organ of state must(a) inform the tenderer accordingly; (b) give the tenderer an opportunity to make representations within 14 days as to why(i) the tender submitted should not be disqualified or, if the tender has already been awarded to the tenderer, the contract should not be terminated in whole or in part; (ii) if the successful tenderer subcontracted a portion of the tender to another person without disclosing it, the tenderer should not be penalised up to 10 percent of the value of the contract; and (iii) the tenderer should not be restricted by the National Treasury from conducting any business for a period not exceeding 10 years with any organ of state; and (c) if it concludes, after considering the representations referred to in subregulation (1)(b), that(i) such false information was submitted by the tenderer(aa) disqualify the tenderer or terminate the contract in whole or in part; and (bb) if applicable, claim damages from the tenderer; or (ii) the successful tenderer subcontracted a portion of the tender to another person without disclosing, penalise the tenderer up to 10 percent of the value of the contract. (2)(a) An organ of state must(i) inform the National Treasury, in writing, of any actions taken in terms of subregulation (1); 10 This gazette is also available free online at www.gpwonline.co.za
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GOVERNMENT GAZETTE, 20 JANUARY 2017
(ii)
provide written submissions as to whether the tenderer should be restricted from conducting business with any organ of state; and (iii) submit written representations from the tenderer as to why that tenderer should not be restricted from conducting business with any organ of state. (b) The National Treasury may request an organ of state to submit further information pertaining to subregulation (1) within a specified period. (3) The National Treasury must(a) after considering the representations of the tenderer and any other relevant information, decide whether to restrict the tenderer from doing business with any organ of state for a period not exceeding 10 years; and (b) maintain and publish on its official website a list of restricted suppliers. Circulars and guidelines
(a) (b)
15. The National Treasury may issuea circular to inform organs of state of any matter pertaining to these Regulations; or a guideline to assist organs of state with the implementation of any provision of these Regulations.
Repeal of Regulations and saving 16.(1) Subject to this regulation, the Preferential Procurement Regulations, 2011, published in Government Notice No R. 502 of 8 June 2011 (herein called “the 2011 Regulations), are hereby repealed with effect from the date referred to in regulation 17. (2) Any sector designated and minimum threshold determined for local production and content for purposes of regulation 9 of the 2011 Regulations and in force immediately before the repeal of the 2011 Regulations, are regarded as having been done under regulation 8(1) of these Regulations. (3) Any tender advertised before the date referred to in regulation 17 must be dealt with in terms of the 2011 Regulations. Short title and commencement 17. These Regulations are called the Preferential Procurement Regulations, 2017 and take effect on 1 April 2017.
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STAATSKOERANT, 20 JANUARIE 2017
No. 40553 31
Warning!!! To all suppliers and potential suppliers of goods to the Government Printing Works The Government Printing Works would like to warn members of the public against an organised syndicate(s) scamming unsuspecting members of the public and claiming to act on behalf of the Government Printing Works. One of the ways in which the syndicate operates is by requesting quotations for various goods and services on a quotation form with the logo of the Government Printing Works. Once the official order is placed the syndicate requesting upfront payment before delivery will take place. Once the upfront payment is done the syndicate do not deliver the goods and service provider then expect payment from Government Printing Works. Government Printing Works condemns such illegal activities and encourages service providers to confirm the legitimacy of purchase orders with GPW SCM, prior to processing and delivery of goods. To confirm the legitimacy of purchase orders, please contact:
Renny Chetty (012) 748-6375 ([email protected]),
Anna-Marie du Toit (012) 748-6292 ([email protected]) and
Siraj Rizvi (012) 748-6380 ([email protected])
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32 No. 40553
GOVERNMENT GAZETTE, 20 JANUARY 2017
Printed by and obtainable from the Government Printer, Bosman Street, Private Bag X85, Pretoria, 0001 Contact Centre Tel: 012-748 6200. eMail: [email protected] Publications: Tel: (012) 748 6053, 748 6061, 748 6065
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Regulation Gazette Regulation Gazette
Vol. 619
20
January Januarie
Regulasiekoerant Regulasiekoerant
2017
No. 40553
ISSN 1682-5843 N.B. The Government Printing Works will not be held responsible for the quality of “Hard Copies” or “Electronic Files” submitted for publication purposes
9
771682 584003
AIDS HELPLINE: 0800-0123-22 Prevention is the cure
40553
2 No. 40553
GOVERNMENT GAZETTE, 20 JANUARY 2017
14/1/1 Tel : (012) 748-6066 Fax : (012) 323-9574 E-mail : [email protected] 20 October 2016 Dear Value Customers The 27th of December 2016 has been declared as a public holiday by the State President Mr Jacob Zuma. For this reason, the closing date of all gazettes during that week will be a day before scheduled dates as published in the gazette or on the website. Sincerely,
Maureen Toka Acting Assistant Director: Publications (Tel): 012 748-6066
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No. 40553 3
STAATSKOERANT, 20 JANUARIE 2017
IMPORTANT NOTICE: The GovernmenT PrinTinG Works
Will noT be held resPonsible for any errors
ThaT miGhT occur due To The submission of incomPleTe
/
incorrecT
/
illeGible coPy.
no fuTure queries Will be handled in connecTion WiTh The above. Contents Gazette No.
No.
Page No.
Government Notices • Goewermentskennisgewings Labour, Department of/ Arbeid, Departement van R. 25 Labour Relations Act, 1995: Cancellation of registration of a trade union: Wood Electrical Printing Union (WEPU) (LR2/6/2/1057).......................................................................................................................................................... 40553 R. 26 Labour Relations Act, 1995: Cancellation of registration of a trade union: Adult Educators Progressive Union (AEPU) (LR 2/6/2/1884)............................................................................................................................................ 40553 R. 27 Labour Relations Act, 1995: Notice of intention to cancel the registration of an employers’ organisation: Employers Association of Afro Hairdressing and Cosmetology of South Africa (EAAHCSA)(LR2/6/3/793)............................... 40553 R. 28 Labour Relations Act, 1995: Invitation to make representations: Building Industry Bargaining Council (Cape of Good Hope).............................................................................................................................................................. 40553 R. 29 Labour Relations Act, 1995: Cancellation of Registration of a Trade Union: Workers Association Union (WAU) (LR2/6/2/2186).......................................................................................................................................................... 40553 R. 30 Labour Relations Act, 1995: Invitation to Make Representations: The Administrative Agreement of the Motor Industry Bargaining Council: Mibco................................................................................................................................... 40553 National Treasury/ Nasionale Tesourie R. 31 Local Government: Municipal Finance Management Act, 2003: Amendment of regulations regarding supply chain management............................................................................................................................................................. 40553 R. 32 Preferential Procurement Policy Framework Act (5/2000): Preferential Procurement Regulations, 2017................... 40553
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19 20
4 No. 40553
GOVERNMENT GAZETTE, 20 JANUARY 2017
Closing times for ORDINARY WEEKLY
REGULATION GAZETTE
2017
The closing time is 15:00 sharp on the following days: ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤ ➤
29 December, Thursday, for the issue of Friday 06 January 2017 06 January, Friday, for the issue of Friday 13 January 2017 13 January, Friday, for the issue of Friday 20 January 2017 20 January, Friday, for the issue of Friday 27 January 2017 27 January, Friday, for the issue of Friday 03 February 2017 03 February, Friday, for the issue of Friday 10 February 2017 10 February, Friday, for the issue of Friday 17 February 2017 17 February, Friday, for the issue of Friday 24 February 2017 24 February, Friday, for the issue of Friday 03 March 2017 03 March, Friday, for the issue of Friday 10 March 2017 10 March, Friday, for the issue of Friday 17 March 2017 16 March, Thursday, for the issue of Friday 24 March 2017 24 March, Friday, for the issue of Friday 31 March 2017 31 March, Friday, for the issue of Friday 07 April 2017 06 April, Thursday, for the issue of Thursday 13 April 2017 12 April, Wednesday, for the issue of Friday 21 April 2017 20 April, Thursday, for the issue of Friday 28 April 2017 26 April, Wednesday, for the issue of Friday 05 May 2017 05 May, Friday, for the issue of Friday 12 May 2017 12 May, Friday, for the issue of Friday 19 May 2017 19 May, Friday, for the issue of Friday 26 May 2017 26 May, Friday, for the issue of Friday 02 June 2017 02 June, Friday, for the issue of Friday 09 June 2017 08 June, Thursday, for the issue of Thursday 15 June 2017 15 June, Thursday, for the issue of Friday 23 June 2017 23 June, Friday, for the issue of Friday 30 June 2017 30 June, Friday, for the issue of Friday 07 July 2017 07 July, Friday, for the issue of Friday 14 July 2017 14 July, Friday, for the issue of Friday 21 July 2017 21 July, Friday, for the issue of Friday 28 July 2017 28 July, Friday, for the issue of Friday 04 August 2017 03 August, Thursday, for the issue of Friday 11 August 2017 11 August, Friday, for the issue of Friday 18 August 2017 18 August, Friday, for the issue of Friday 25 August 2017 25 August, Friday, for the issue of Friday 01 September 2017 01 September, Friday, for the issue of Friday 08 September 2017 08 September, Friday, for the issue of Friday 15 September 2017 15 September, Friday, for the issue of Friday 22 September 2017 21 September, Thursday, for the issue of Friday 29 September 2017 29 September, Friday, for the issue of Friday 06 October 2017 06 October, Friday, for the issue of Friday 13 October 2017 13 October, Friday, for the issue of Friday 20 October 2017 20 October, Friday, for the issue of Friday 27 October 2017 27 October, Friday, for the issue of Friday 03 November 2017 03 November, Friday, for the issue of Friday 10 November 2017 10 November, Friday, for the issue of Friday 17 November 2017 17 November, Friday, for the issue of Friday 24 November 2017 24 November, Friday, for the issue of Friday 01 December 2017 01 December, Friday, for the issue of Friday 08 December 2017 08 December, Friday, for the issue of Friday 15 December 2017 15 December, Friday, for the issue of Friday 22 December 2017 20 December, Wednesday, for the issue of Friday 29 December 2017
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No. 40553 5
STAATSKOERANT, 20 JANUARIE 2017
LIST OF TARIFF RATES
FOR PUBLICATION OF NOTICES COMMENCEMENT: 1 APRIL 2016 NATIONAL AND PROVINCIAL Notice sizes for National, Provincial & Tender gazettes 1/4, 2/4, 3/4, 4/4 per page. Notices submitted will be charged at R1000 per full page, pro-rated based on the above categories.
Pricing for National, Provincial - Variable Priced Notices Notice Type
Page Space
New Price (R)
Ordinary National, Provincial
1/4 - Quarter Page
250.00
Ordinary National, Provincial
2/4 - Half Page
500.00
Ordinary National, Provincial
3/4 - Three Quarter Page
750.00
Ordinary National, Provincial
4/4 - Full Page
1000.00
EXTRA-ORDINARY All Extra-ordinary National and Provincial gazette notices are non-standard notices and attract a variable price based on the number of pages submitted. The pricing structure for National and Provincial notices which are submitted as Extra ordinary submissions will be charged at R3000 per page.
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6 No. 40553
GOVERNMENT GAZETTE, 20 JANUARY 2017
GOVERNMENT PRINTING WORKS - BUSINESS RULES The Government Printing Works (GPW) has established rules for submitting notices in line with its electronic notice processing system, which requires the use of electronic Adobe Forms. Please ensure that you adhere to these guidelines when completing and submitting your notice submission.
Closing Times
for
ACCepTAnCe
of
noTiCes
1.
The Government Gazette and Government Tender Bulletin are weekly publications that are published on Fridays and the closing time for the acceptance of notices is strictly applied according to the scheduled time for each gazette.
2.
Please refer to the Submission Notice Deadline schedule in the table below. This schedule is also published online on the Government Printing works website www.gpwonline.co.za All re-submissions will be subject to the standard cut-off times. All notices received after the closing time will be rejected.
Government Gazette Type
Publication Frequency
Publication Date
Submission Deadline
Cancellations Deadline
National Gazette
Weekly
Friday
Friday 15h00 for next Friday
Regulation Gazette
Weekly
Friday
Petrol Price Gazette
As required
Road Carrier Permits
Weekly
First Wednesday of the month Friday
Friday 15h00, to be published the following Friday One week before publication
Unclaimed Monies (justice, labour or lawyers)
January / As required 2 per year As required
Any
Tuesday, 12h00 - 3 days prior to publication Tuesday, 12h00 - 3 days prior to publication 3 days prior to publication 3 days prior to publication 3 days prior to publication
As required Monthly
Any Any
None 7 days prior to publication
Legal Gazettes A, B and C
Weekly
Friday
One week before publication
Tuesday, 12h00 - 3 days prior to publication
Tender Bulletin
Weekly
Friday
Friday 15h00 for next Friday
Tuesday, 12h00 - 3 days prior to publication
Gauteng
Weekly
Wednesday
Two weeks before publication
Eastern Cape
Weekly
Monday
One week before publication
Northern Cape
Weekly
Monday
One week before publication
North West
Weekly
Tuesday
One week before publication
KwaZulu-Natal
Weekly
Thursday
One week before publication
Limpopo
Weekly
Friday
One week before publication
Mpumalanga
Weekly
Friday
One week before publication
3 days after submission deadline 3 days prior to publication 3 days prior to publication 3 days prior to publication 3 days prior to publication 3 days prior to publication 3 days prior to publication
Gauteng Liquor License Gazette
Monthly
Wednesday before the First Friday of the month First Friday of the month First Friday of the month Second & Fourth Friday
Two weeks before publication
3 days after submission deadline
Two weeks before publication
3 days after submission deadline 3 days after submission deadline 3 days prior to publication
Parliament (acts, white paper, green paper) Manuals State of Budget (National Treasury)
Northern Cape Liquor License Monthly Gazette National Liquor License Gazette Monthly Mpumalanga Liquor License Gazette
2 per month
Thursday 15h00, to be published the following Friday 15 January / As required
Any
Two weeks before publication One week before
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3 days prior to publication None 3 days prior to publication
STAATSKOERANT, 20 JANUARIE 2017
No. 40553 7
GOVERNMENT PRINTING WORKS - BUSINESS RULES
noTiCe submission proCess 3.
Download the latest Adobe form, for the relevant notice to be placed, from the Government Printing Works website www.gpwonline.co.za.
4.
The Adobe form needs to be completed electronically using Adobe Acrobat / Acrobat Reader. Only electronically completed Adobe forms will be accepted. No printed, handwritten and/or scanned Adobe forms will be accepted.
5.
The completed electronic Adobe form has to be submitted via email to [email protected]. The form needs to be submitted in its original electronic Adobe format to enable the system to extract the completed information from the form for placement in the publication.
6.
Each notice submission should be sent as a single email. The email should contain all documentation relating to a particular notice submission, each as a separate attachment: 6.1.
Electronically completed Adobe form, specific to the type of notice that is to be placed. 6.1.1.
For National Government Gazette or Provincial Gazette notices, the notices must be accompanied by an electronic Z95 or Z95Prov Adobe form
6.1.2.
The notice content (body copy) MUST be a separate attachment.
6.2. Proof of Payment / Purchase Order: Government Printing Works account customer must include a copy of their Purchase Order. Non-Government Printing Works account customer needs to submit the proof of payment for the notice 6.3. Where separate notice content is applicable (Z95, Z95 Prov and TForm 3, it should also be attached as a separate attachment. (See specifications below, point 11). 6.4. Any additional notice information if applicable. 7.
The electronic Adobe form will be taken as the primary source for the notice information to be published. Instructions that are on the email body or covering letter that contradicts the notice form content will not be considered. The information submitted on the electronic Adobe form will be published as-is.
8.
To avoid duplicated publication of the same notice and double billing, Please submit your notice ONLY ONCE.
9.
Notices brought to GPW by “walk-in” customers on electronic media can only be submitted in Adobe electronic form format. All “walk-in” customers with notices that are not on electronic Adobe forms will be routed to the Contact Centre where they will be assisted to complete the forms in the required format.
10.
Should a customer submit a bulk submission of hard copy notices delivered by a messenger on behalf of any organisation e.g. newspaper publisher, the messenger will be referred back to the sender as the submission does not adhere to the submission rules.
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8 No. 40553
GOVERNMENT GAZETTE, 20 JANUARY 2017
GOVERNMENT PRINTING WORKS - BUSINESS RULES
Copy (sepArATe noTiCe ConTenT DoCumenT) 11.
Where the copy is part of a separate attachment document for Z95, Z95Prov and TForm03 11.1. Copy of notices must be supplied in a separate document and may not constitute part of any covering letter, purchase order, proof of payment or other attached documents. The content document should contain only one notice. (You may include the different translations of the same notice in the same document). 11.2. The notice should be set on an A4 page, with margins and fonts set as follows: Page size = A4 Portrait with page margins: Top = 40mm, LH/RH = 16mm, Bottom = 40mm; Use font size: Arial or Helvetica 10pt with 11pt line spacing; Page size = A4 Landscape with page margins: Top = 16mm, LH/RH = 40mm, Bottom = 16mm; Use font size: Arial or Helvetica 10pt with 11pt line spacing;
CAnCellATions 12.
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13.
Requests for cancellation must be sent by the original sender of the notice and must accompanied by the relevant notice reference number (N-) in the email body.
AmenDmenTs To 14.
noTiCes
With effect from 01 October 2015, GPW will not longer accept amendments to notices. The cancellation process will need to be followed according to the deadline and a new notice submitted thereafter for the next available publication date.
rejeCTions 15.
All notices not meeting the submission rules will be rejected to the customer to be corrected and resubmitted. Assistance will be available through the Contact Centre should help be required when completing the forms. (012-748 6200 or email [email protected]). Reasons for rejections include the following: 15.1. Incorrectly completed forms and notices submitted in the wrong format, will be rejected. 15.2. Any notice submissions not on the correct Adobe electronic form, will be rejected. 15.3. Any notice submissions not accompanied by the proof of payment / purchase order will be rejected and the notice will not be processed. 15.4. Any submissions or re-submissions that miss the submission cut-off times will be rejected to the customer. The Notice needs to be re-submitted with a new publication date.
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STAATSKOERANT, 20 JANUARIE 2017
No. 40553 9
GOVERNMENT PRINTING WORKS - BUSINESS RULES
ApprovAl
of noTiCes
16.
Any notices other than legal notices are subject to the approval of the Government Printer, who may refuse acceptance or further publication of any notice.
17.
No amendments will be accepted in respect to separate notice content that was sent with a Z95 or Z95Prov notice submissions. The copy of notice in layout format (previously known as proof-out) is only provided where requested, for Advertiser to see the notice in final Gazette layout. Should they find that the information submitted was incorrect, they should request for a notice cancellation and resubmit the corrected notice, subject to standard submission deadlines. The cancellation is also subject to the stages in the publishing process, i.e. If cancellation is received when production (printing process) has commenced, then the notice cannot be cancelled.
governmenT prinTer inDemnifieD AgAinsT liAbiliTy 18.
The Government Printer will assume no liability in respect of— 18.1. any delay in the publication of a notice or publication of such notice on any date other than that stipulated by the advertiser; 18.2. erroneous classification of a notice, or the placement of such notice in any section or under any heading other than the section or heading stipulated by the advertiser; 18.3. any editing, revision, omission, typographical errors or errors resulting from faint or indistinct copy.
liAbiliTy 19.
of ADverTiser
Advertisers will be held liable for any compensation and costs arising from any action which may be instituted against the Government Printer in consequence of the publication of any notice.
CusTomer
inquiries
Many of our customers request immediate feedback/confirmation of notice placement in the gazette from our Contact Centre once they have submitted their notice – While GPW deems it one of their highest priorities and responsibilities to provide customers with this requested feedback and the best service at all times, we are only able to do so once we have started processing your notice submission. GPW has a 2-working day turnaround time for processing notices received according to the business rules and deadline submissions. Please keep this in mind when making inquiries about your notice submission at the Contact Centre. 20.
Requests for information, quotations and inquiries must be sent to the Contact Centre ONLY.
21.
Requests for Quotations (RFQs) should be received by the Contact Centre at least 2 working days before the submission deadline for that specific publication.
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10 No. 40553
GOVERNMENT GAZETTE, 20 JANUARY 2017
GOVERNMENT PRINTING WORKS - BUSINESS RULES
pAymenT
of CosT
22.
The Request for Quotation for placement of the notice should be sent to the Gazette Contact Centre as indicated above, prior to submission of notice for advertising.
23.
Payment should then be made, or Purchase Order prepared based on the received quotation, prior to the submission of the notice for advertising as these documents i.e. proof of payment or Purchase order will be required as part of the notice submission, as indicated earlier.
24.
Where there is any doubt about the cost of publication of a notice, and in the case of copy, an enquiry, accompanied by the relevant copy, should be addressed to the Gazette Contact Centre, Government Printing Works, Private Bag X85, Pretoria, 0001 email: [email protected] before publication.
25.
Overpayment resulting from miscalculation on the part of the advertiser of the cost of publication of a notice will not be refunded, unless the advertiser furnishes adequate reasons why such miscalculation occurred. In the event of underpayments, the difference will be recovered from the advertiser, and future notice(s) will not be published until such time as the full cost of such publication has been duly paid in cash or electronic funds transfer into the Government Printing Works banking account.
26.
In the event of a notice being cancelled, a refund will be made only if no cost regarding the placing of the notice has been incurred by the Government Printing Works.
27.
The Government Printing Works reserves the right to levy an additional charge in cases where notices, the cost of which has been calculated in accordance with the List of Fixed Tariff Rates, are subsequently found to be excessively lengthy or to contain overmuch or complicated tabulation.
proof
of publiCATion
28.
Copies of any of the Government Gazette or Provincial Gazette can be downloaded from the Government Printing Works website www.gpwonline.co.za free of charge, should a proof of publication be required.
29.
Printed copies may be ordered from the Publications department at the ruling price. The Government Printing Works will assume no liability for any failure to post or for any delay in despatching of such Government Gazette(s).
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Physical Address:
Postal Address:
GPW Banking Details:
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No. 40553 11
STAATSKOERANT, 20 JANUARIE 2017
Government Notices • Goewermentskennisgewings DEPARTMENT OF LABOUR
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Labour, Department of/ Arbeid, Departement van
NO. R. 25
20 JANUARY 2017
Labour Relations Act, 1995: Cancellation of registration of a trade union: Wood Electrical Printing Union (WEPU) (LR2/6/2/1057)
40553
109 section of terms in hereby, Relations, Labour of Registrar Acting Ntleki, Malixole I,
ELECTRICAL WOOD the of registration the cancel 106(2A) section with read (2) with
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This gazette is also available free online at www.gpwonline.co.za
from
R. 25
12 No. 40553
GOVERNMENT GAZETTE, 20 JANUARY 2017
DEPARTMENT OF LABOUR NO. R. 26
20 JANUARY 2017
Labour Relations Act, 1995: Cancellation of registration of a trade union: Adult Educators Progressive Union (AEPU) (LR 2/6/2/1884)
40553
109 section of terms in hereby, Relations, Labour of Registrar Acting Ntleki, Malixole
R. 26
I,
EDUCATORS ADULT the of registration the cancel 106(2A) section with read (2) effect
with
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UNION
PROGRESSIVE
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This gazette is also available free online at www.gpwonline.co.za
This gazette is also available free online at www.gpwonline.co.za
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notice. this of date the of days 60 within 4848, -4156 309 (012) No. Fax
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PRETORIA, 17, Xl Bag Private address: [Postal PRETORIA. Street, Baard Francis 215 House, Laboria Labour, of Department the do me, to lodged be must Objections
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reasons: following the for 2/6/3/793) SA)(LR
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Labour Relations Act, 1995: Notice of intention to cancel the registration of an employers’ organisation: Employers Association of Afro Hairdressing and Cosmetology of South Africa (EAAHCSA)(LR2/6/3/793)
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20 JANUARY 2017
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DEPARTMENT OF LABOUR No. 40553 13
STAATSKOERANT, 20 JANUARIE 2017
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27112/
LABOUR OF MINISTER MP OLIPHANT, MN
..,
,57
[email protected]
e-mail: By 4156/4848 309 012 Fax: 0001 PRETORIA,
Bargaining Collective Directorate:
House Laboria
Wasserfall A Ms Attention:
Street Baard Francis 215
X117 Bag Private Address: Postal
PRETORIA
Labour of Department Fax: or Post By
193/194 Room
Deliveries: Hand
addresses: following
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PRETORIA. Street, Baard Francis 215 House, Laboria Labour, of Department the c/o obtained or inspected be may application this of copy A
4
the to submitted be should application the of copies regarding enquiries and/or Representations
Notice. this of publication
of date the from days 21 than later not Labour of Department the reach must Representations
2
2016. November 9 on Labour of Department the to submitted was which Agreement Collective Consolidated the
of parties non- to extension the and Agreement Collective Main its regarding operation of period of renewal the for Hope) Good of (Cape Council Bargaining Industry Building the by application the to response in public the from representations inviting 32(5)(c) subsection of provisions the with accordance in notice a publish 1995, Act, Relations Labour the of 32(5)(c) section
with read 32(2) section of terms in hereby do Labour, of Minister Oliphant, Nelisiwe Mildred
I,
1
HOPE) GOOD OF (CAPE COUNCIL BARGAINING INDUSTRY BUILDING 1995: ACT, RELATIONS LABOUR THE OF 32(5)(c) SECTION WITH READ 32(2) SECTION OF TERMS IN NOTICE
REPRESENTATIONS MAKE TO INVITATION 1995 ACT, RELATIONS LABOUR R. 28
Labour Relations Act, 1995: Invitation to make representations: Building Industry Bargaining Council (Cape of Good Hope)
40553
NO. R. 28
20 JANUARY 2017 R.
DATE:
DEPARTMENT OF LABOUR
LABOUR OF DEPARTMENT
14 No. 40553
GOVERNMENT GAZETTE, 20 JANUARY 2017
This gazette is also available free online at www.gpwonline.co.za
aka, /a/ aal WEZABASEBENZI UNGQONGQOSHE OLIPHANT N M 4156/4848 309 012 Fax PRETORIA,0001
Wezabasebenzi Umnyango ngefeksi: noma Ngeposi
194 193 Ihhovisi
nabasebenzi kwabagashi Wezokuxoxisana Umqondisi:
House Laboria
Wasserfall A Ms ku: Iqondiswe
Street Baard Francis 215
X117 Bag Private address: Postal
PRETORIA
ngezandla: Okulethwa
alandelayo:
3
PRETORIA Street Baard Francis 215 House, Laboria Labour, of Department c/o ku itholakale noma ingahlolwa yalesisicelo Ikhophi
4
kulamakheli zilethwe kumele alesisicelo namakhopi mayelana imibuzo kanye/noma Izikhalo
kwalesiSaziso. lokukhishwa osukwini kusukela 21 ezingu izinsuku zingakapheli Wezabasebenzi eMnyangweni zifike kumele Izikhalo
2
2016. kuLwezi 9 mhlaka Wezabasebenzi eMnyangweni
esalethwa yaso ingxenye abangeyona kulabo selulelwa esiyingqikithi
nabasebenzi sabaqashi kwesivumelwano
nokwelulwa kanye sokusebenza kwesikhathi
sokwelulwa Hope) Good of Cape (e Yokwakha Embonini Nabasebenzi Kwabaqashi Phakathi Wokuxoxisana soMkhandlu nesicelo mayelana zomphakathi izikhalo sokumema
32(5)(c) zesigatshana ngokwezihlinzeko isaziso ngikhipha 1995, ka Kwezabasebenzi, Wezobudlelwano
soMthetho
32(5)(c)
nesigaba
sifundwa
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lapha WezabaSebenzi, uNgqongqoshe OLIPHANT, NELISIWE MILDRED Mina,
1
HOPE) GOOD OF CAPE (E YOKWAKHA EMBONINI NABASEBENZI KWABAQASHI PHAKATHI WOKUXOXISANA UMKHANDLU 1995: KA KWEZABASEBENZI, WOBUDLELWANO SOMTHETHO 32(5)(c) NESIGABA SIFUNDWA 32(2) NGOKWESIGABA ISAZISO
KWEZIKHALO SOKULETHWA ISIMEMO 1995 KWEZABASEBENZI, WEZOBUDLELWANO UMTHETHO
R
USUKU
WEZABASEBENZI UMNYANGO No. 40553 15
STAATSKOERANT, 20 JANUARIE 2017
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Act. the of 111 Section of terms in decision the
against Court Labour the with appeal an lodge may union trade a of registration
the of cancellation the regarding decision the by aggrieved is who person Any
r}- t 2b
k'
t
from effect with
(LR21612/2186) (WAU) Union Association Workers of registration the cancelled
106(2A) Section of terms in have that notice give Act, the of 109(2) Section by required as hereby, Relations, Labour of Registrar Acting Ntleki, Malixole I, I
UNION TRADE A OF REGISTRATION OF CANCELLATION 1995 ACT, RELATIONS LABOUR Labour Relations Act, 1995: Cancellation of Registration of a Trade Union: Workers Association Union (WAU) (LR2/6/2/2186)
40553
NOTICE
NO. R. 29
20 JANUARY 2017
OF
R. 29
DEPARTMENT OF LABOUR
16 No. 40553
GOVERNMENT GAZETTE, 20 JANUARY 2017
LABOUR OF DEPARTMENT
aifyi. LABOUR OF
/
This gazette is also available free online at www.gpwonline.co.za
a
MINISTE
MP OLIPHANT, MN
go [email protected] [email protected]
e-mail: By 4156/4848 309 012 Fax: 0001 PRETORIA,
Bargaining Collective Directorate:
House Laboria
Mahiangu K S Ms Attention:
Street Baard Francis 215
X117 Bag Private Address: Postal
PRETORIA
Labour of Department Fax: or Post By
121/129 Room
Deliveries: Hand
addresses: following the to submitted be should application the of copies regarding enquiries /or and Representations
4
PRETORIA Street, Baard Francis 215 House, Laboria Labour, of Department the
do obtained or inspected be may Application this of copy A
3
Notice. this of publication
of date the from days
21
than later not Labour of Department the reach must Representations
2
2016. November 23 on Labour of Department the to submitted was which Agreement Administrative its
regarding operation of period of renewal the for application Council's Bargaining Industry Motor the to response in public the from representations inviting 32(5)(c) subsection of provisions
the with accordance in notice a publish 1995, Act, Relations Labour the of 32(5)(c) section with read 32(2) section of terms in hereby do Labour, of Minister Oliphant, Nelisiwe Mildred
1
1,
-MIBCO COUNCIL BARGAINING INDUSTRY MOTOR THE OF AGREEMENT ADMINISTRATIVE
THE 1995: ACT, RELATIONS
LABOUR THE OF 32(5)(c) SECTION WITH READ 32(2) SECTION OF TERMS IN NOTICE REPRESENTATIONS MAKE TO INVITATION
1995 ACT, RELATIONS LABOUR R. 30
Labour Relations Act, 1995: Invitation to Make Representations: The Administrative Agreement of the Motor Industry Bargaining Council: Mibco
40553
NO. R. 30
20 JANUARY 2017 DATE:
R.
DEPARTMENT OF LABOUR LABOUR OF DEPARTMENT
No. 40553 17
STAATSKOERANT, 20 JANUARIE 2017
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D/k /a./d
-1-
WEZABASEBENZI GQOSHE UNGQO
OLIPANT
MN
e'aL gOia
4156/4848 309 012 Fax 0001 PRETORIA, 17 Xl Bag Private address: Postal
Mahlangu SK Ms ku: Igondiswe
Wezokuxoxisana Umqondisi:
Street Baard Francis 215
nabasebenzi kwabaqashi
PRETORIA
House Laboria 129 121 Ihhovisi
Wezabasebenzi Umnyango
ngefeksi: noma Ngeposi
ngezandla Okulethwa
alandelayo: kulamakheli zilethwe kumele alesisiceio namakhopi mayelana imibuzo noma kanye Izikhalo
PRETORIA Street, Baard Fancis 215 House, Laboria Labour, of Department o c ku itholakale noma ingahlolwa yalesisicelo lkhophi
kwalesiSaziso. lokukhiswa osukwini kusukela
21
ezingu izinsuku zingakapheli Wezabasebenzi eMnyangweni zifike kumele Izilchalo
2016. kuLwezi 23 mhlaka Wezabasebenzi eMnyangweni esalethwa yaso ingxenye abangeyona kulabo
selulelwa sokuPhatha nabasebenzi sabaqashi kwesivumelwano sokusebenza kwesikhathi sokwelulwa Yezimoto Embonini
Nabasebenzi Kwabaqashi Phakathi Wokuxoxisana soMkhandlu nesicelo mayelana zomphakathi izikhalo sokumema 32(5)(c) zesigatshana ngokwezihlinzeko isaziso ngikhipha 1995, ka Kwezabasebenzi, Wezobudlelwano soMthetho 32(5)(c) nesigaba sifundwa ngokwesigaba-32(2) lapha Webabasebenzi, uNgqongqoshe Oliphant, Nelisiwe Mildred Mina,
YEZIMOTO SEMBONI SOKUPHATHA ISIVUMELWANO 1995: KA KWEZABASEBENZI, WOBUDLELWANO SOMTHETHO 32(5)(c) NESIGABA SIFUNDWA 32(2) NGOKWESIGABA ISAZISO KWEZIKHALO SOKULETHWA ISIMEMO 1995 KWEZABASEBENZI, WEZOBUDLELWANO UMTHETHO
R
USUKU WEZABASEBENZI UMNYANGO
18 No. 40553
GOVERNMENT GAZETTE, 20 JANUARY 2017
GOVERNMENT NOTICE NATIONAL TREASURY STAATSKOERANT, 20 JANUARIE 2017
No. 40553 19
National Treasury/ Nasionale Tesourie
No. R
2017
NATIONAL TREASURY
NO. R. 31 R. 31
20 JANUARY 2017
Local Government: Municipal Finance Management Act, 2003: Amendment of regulations regarding supply chain management
40553
LOCAL GOVERNMENT: MUNICIPAL FINANCE MANAGEMENT ACT, 2003 – AMENDMENT OF REGULATIONS REGARDING SUPPLY CHAIN MANAGEMENT The Minister of Finance, acting with concurrence of the Minister of Cooperative Governance and Traditional Affairs has, in terms of section 168(1) of the Local Government: Municipal Finance Management Act, 2003 (Act No. 56 of 2003), amended the regulations published under General Notice No. 868 of 30 May 2005, regarding supply chain management, by the substitution for paragraph (e) of the definition of “in the service of the state” in regulation 1 of the following paragraph: “(e)
an executive member of the accounting authority of any national or provincial public entity; or”.
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GOVERNMENT NOTICE 20 No. 40553
No. R. …
GOVERNMENT GAZETTE, 20 JANUARY 2017 NATIONAL TREASURY
2017
NATIONAL TREASURY
NO. R. 32 R. 32
20 JANUARY 2017
Preferential Procurement Policy Framework Act (5/2000): Preferential Procurement Regulations, 2017
40553
PREFERENTIAL PROCUREMENT POLICY FRAMEWORK ACT, 2000: PREFERENTIAL PROCUREMENT REGULATIONS, 2017 The Minister of Finance has, in terms of section 5 of the Preferential Procurement Policy Framework Act, 2000 (Act No. 5 of 2000), made the regulations set out in the Schedule.
SCHEDULE Preferential Procurement Regulations, 2017 Contents 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17.
Definitions Application Identification of preference point system, designated sector, pre-qualification criteria, objective criteria and subcontracting Prequalification criteria for preferential procurement Tenders to be evaluated on functionality 80/20 preference point system for acquisition of goods or services for Rand value equal to or above R30 000 and up to R50 million 90/10 preference point system for acquisition of goods or services with Rand value above R50 million Local production and content Subcontracting as condition of tender Criteria for breaking deadlock in scoring Award of contracts to tenderers not scoring highest points Subcontracting after award of tender Cancellation of tender Remedies Circulars and guidelines Repeal of Regulations and saving Short title and commencement
1
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No. 40553 21
Definitions 1. In these Regulations, unless the context indicates otherwise, any word or expression to which a meaning has been assigned in the Act must bear the meaning so assigned“B-BBEE” means broad-based black economic empowerment as defined in section 1 of the Broad-Based Black Economic Empowerment Act; “B-BBEE status level of contributor” means the B-BBEE status of an entity in terms of a code of good practice on black economic empowerment issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act; “black designated groups” has the meaning assigned to it in the codes of good practice issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act; “black people” has the meaning assigned to it in section 1 of the Broad-Based Black Economic Empowerment Act; “Broad-Based Black Economic Empowerment Act” means the Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003); “co-operative” means a co-operative registered in terms of section 7 of the Cooperatives Act, 2005 (Act No. 14 of 2005); “designated group” means(a) black designated groups; (b) black people; (c) women; (d) people with disabilities; or (e) small enterprises, as defined in section 1 of the National Small Enterprise Act, 1996 (Act No. 102 of 1996); “designated sector” means a sector, sub-sector or industry or product designated in terms of regulation 8(1)(a); “EME” means an exempted micro enterprise in terms of a code of good practice on black economic empowerment issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act; “functionality” means the ability of a tenderer to provide goods or services in accordance with specifications as set out in the tender documents; “military veteran” has the meaning assigned to it in section 1 of the Military Veterans Act, 2011 (Act No. 18 of 2011); “National Treasury” has the meaning assigned to it in section 1 of the Public Finance Management Act, 1999 (Act No. 1 of 1999); “people with disabilities” has the meaning assigned to it in section 1 of the Employment Equity Act, 1998 (Act No. 55 of 1998); “price” includes all applicable taxes less all unconditional discounts; “proof of B-BBEE status level of contributor” means(a) the B-BBEE status level certificate issued by an authorised body or person; (b) a sworn affidavit as prescribed by the B-BBEE Codes of Good Practice; or (c) any other requirement prescribed in terms of the Broad-Based Black Economic Empowerment Act; 2 This gazette is also available free online at www.gpwonline.co.za
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“QSE” means a qualifying small business enterprise in terms of a code of good practice on black economic empowerment issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act; “Rand value” means the total estimated value of a contract in Rand, calculated at the time of the tender invitation; “rural area” means(a) a sparsely populated area in which people farm or depend on natural resources, including villages and small towns that are dispersed through the area; or (b) an area including a large settlement which depends on migratory labour and remittances and government social grants for survival, and may have a traditional land tenure system; “stipulated minimum threshold” means the minimum threshold stipulated in terms of regulation 8(1)(b); “the Act” means the Preferential Procurement Policy Framework Act, 2000 (Act No. 5 of 2000); “township” means an urban living area that any time from the late 19th century until 27 April 1994, was reserved for black people, including areas developed for historically disadvantaged individuals post 27 April 1994; “treasury” has the meaning assigned to it in section 1 of the Public Finance Management Act, 1999 (Act No. 1 of 1999); and “youth” has the meaning assigned to it in section 1 of the National Youth Development Agency Act, 2008 (Act No. 54 of 2008). Application 2. These Regulations apply to organs of state as envisaged in the definition of organ of state in section 1 of the Act. 1 Identification of preference point system, designated sector, pre-qualification criteria, objective criteria and subcontracting
(a)
1
3. An organ of state mustdetermine and stipulate in the tender documents(i) the preference point system applicable to the tender as envisaged in regulation 6 or 7; or
The definition of “organ of state” in section 1 of the Act in paragraph (a) to (e) includes• a national or provincial department as defined in the Public Finance Management Act, 1999; • a municipality as contemplated in the Constitution; • a constitutional institution as defined in the Public Finance Management Act; • Parliament; • a provincial legislature. Paragraph (f) of the definition of organ of state in section 1 of the Act includes any other institution or category of institutions included in the definition of “organ of state” in section 239 of the Constitution and recognised by the Minister by notice in the Government Gazette as an institution or category of institutions to which the Act applies. Government Notice R. 501 of 8 June 2011 recognises, with effect from 7 December 2011, all public entities listed in Schedules 2 and 3 to the Public Finance Management Act, 1999, as institutions to which the Act applies. Note should be taken of notices issued from time to time in terms of paragraph (f) of this definition. The application of these Regulations is also subject to applicable exemptions approved in terms of section 3 of the Act.
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STAATSKOERANT, 20 JANUARIE 2017
No. 40553 23
(ii)
(b) (c) (d) (e)
if it is unclear which preference point system will be applicable, that either the 80/20 or 90/10 preference point system will apply and that the lowest acceptable tender will be used to determine the applicable preference point system; determine whether pre-qualification criteria are applicable to the tender as envisaged in regulation 4; determine whether the goods or services for which a tender is to be invited, are in a designated sector for local production and content as envisaged in regulation 8; determine whether compulsory subcontracting is applicable to the tender as envisaged in regulation 9; and determine whether objective criteria are applicable to the tender as envisaged in regulation 11.
Pre-qualification criteria for preferential procurement 4.(1) If an organ of state decides to apply pre-qualifying criteria to advance certain designated groups, that organ of state must advertise the tender with a specific tendering condition that only one or more of the following tenderers may respond(a) a tenderer having a stipulated minimum B-BBEE status level of contributor; (b) an EME or QSE; (c) a tenderer subcontracting a minimum of 30% to(i) an EME or QSE which is at least 51% owned by black people; (ii) an EME or QSE which is at least 51% owned by black people who are youth; (iii) an EME or QSE which is at least 51% owned by black people who are women; (iv) an EME or QSE which is at least 51% owned by black people with disabilities; (v) an EME or QSE which is 51% owned by black people living in rural or underdeveloped areas or townships; (vi) a cooperative which is at least 51% owned by black people; (vii) an EME or QSE which is at least 51% owned by black people who are military veterans; (viii) an EME or QSE. (2) A tender that fails to meet any pre-qualifying criteria stipulated in the tender documents is an unacceptable tender. Tenders to be evaluated on functionality 5.(1) An organ of state must state in the tender documents if the tender will be evaluated on functionality. (2) The evaluation criteria for measuring functionality must be objective. (3) The tender documents must specify(a) the evaluation criteria for measuring functionality; (b) the points for each criteria and, if any, each sub-criterion; and 4 This gazette is also available free online at www.gpwonline.co.za
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GOVERNMENT GAZETTE, 20 JANUARY 2017
(c)
the minimum qualifying score for functionality. (4) The minimum qualifying score for functionality for a tender to be considered further(a) must be determined separately for each tender; and (b) may not be so(i) low that it may jeopardise the quality of the required goods or services; or (ii) high that it is unreasonably restrictive. (5) Points scored for functionality must be rounded off to the nearest two decimal places. (6) A tender that fails to obtain the minimum qualifying score for functionality as indicated in the tender documents is not an acceptable tender. (7) Each tender that obtained the minimum qualifying score for functionality must be evaluated further in terms of price and the preference point system and any objective criteria envisaged in regulation 11. 80/20 preference point system for acquisition of goods or services for Rand value equal to or above R30 000 and up to R50 million 6.(1) The following formula must be used to calculate the points out of 80 for price in respect of a tender with a Rand value equal to or above R30 000 and up to a Rand value of R50 million, inclusive of all applicable taxes:
Pt − P min Ps = 80 1 − P min WherePs
=
Points scored for price of tender under consideration;
Pt
=
Price of tender under consideration; and
Pmin
=
Price of lowest acceptable tender.
(2) BBEE:
The following table must be used to calculate the score out of 20 for B-
B-BBEE Status Level of Contributor 1 2 3 4 5 6
Number of Points 20 18 14 12 8 6 5
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No. 40553 25
STAATSKOERANT, 20 JANUARIE 2017
7 8 Non-compliant contributor
4 2 0
(3) A tenderer must submit proof of its B-BBEE status level of contributor. (4) A tenderer failing to submit proof of B-BBEE status level of contributor or is a non-compliant contributor to B-BBEE may not be disqualified, but(a) may only score points out of 80 for price; and (b) scores 0 points out of 20 for B-BBEE. (5) A tenderer may not be awarded points for B-BBEE status level of contributor if the tender documents indicate that the tenderer intends subcontracting more than 25% of the value of the contract to any other person not qualifying for at least the points that the tenderer qualifies for, unless the intended subcontractor is an EME that has the capability to execute the subcontract. (6) The points scored by a tenderer for B-BBEE in terms of subregulation (2) must be added to the points scored for price under subregulation (1). (7) The points scored must be rounded off to the nearest two decimal places. (8) Subject to subregulation (9) and regulation 11, the contract must be awarded to the tenderer scoring the highest points. (9)(a) If the price offered by a tenderer scoring the highest points is not marketrelated, the organ of state may not award the contract to that tenderer. (b) The organs of state may(i) negotiate a market-related price with the tenderer scoring the highest points or cancel the tender; (ii) if the tenderer does not agree to a market-related price, negotiate a market-related price with the tenderer scoring the second highest points or cancel the tender; (iii) if the tenderer scoring the second highest points does not agree to a market-related price, negotiate a market-related price with the tenderer scoring the third highest points or cancel the tender. (c) If a market-related price is not agreed as envisaged in paragraph (b)(iii), the organ of state must cancel the tender. 90/10 preference point system for acquisition of goods or services with Rand value above R50 million 7.(1) The following formula must be used to calculate the points out of 90 for price in respect of a tender with a Rand value above R50 million, inclusive of all applicable taxes: Where-
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GOVERNMENT GAZETTE, 20 JANUARY 2017
Pt − P min Ps = 90 1 − P min Ps
=
Points scored for price of tender under consideration;
Pt
=
Price of tender under consideration; and
Pmin =
Price of lowest acceptable tender.
(2) BBEE:
The following table must be used to calculate the points out of 10 for B-
B-BBEE Status Level of Contributor 1 2 3 4 5 6 7 8 Non-compliant contributor
Number of Points 10 9 6 5 4 3 2 1 0
(3) A tenderer must submit proof of its B-BBEE status level of contributor. (4) A tenderer failing to submit proof of B-BBEE status level of contribution or is a non-compliant contributor to B-BBEE may not be disqualified, but(a) may only score points out of 90 for price; and (b) scores 0 points out of 10 for B-BBEE. (5) A tenderer may not be awarded points for B-BBEE status level of contributor if the tender documents indicate that the tenderer intends subcontracting more than 25% of the value of the contract to any other person not qualifying for at least the points that the tenderer qualifies for, unless the intended subcontractor is an EME that has the capability to execute the subcontract. (6) The points scored by a tenderer for B-BBEE contribution in terms of subregulation (2) must be added to the points scored for price under subregulation (1). (7) The points scored must be rounded off to the nearest two decimal places. (8) Subject to subregulation (9) and regulation 11, the contract must be awarded to the tenderer scoring the highest points. (9)(a) If the price offered by a tenderer scoring the highest points is not marketrelated, the organ of state may not award the contract to that tenderer. (b) The organs of state may7 This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 20 JANUARIE 2017
No. 40553 27
(i)
negotiate a market-related price with the tenderer scoring the highest points or cancel the tender; (ii) if the tenderer does not agree to a market-related price, negotiate a market-related price with the tenderer scoring the second highest points or cancel the tender; (iii) if the tenderer scoring the second highest points does not agree to a market-related price, negotiate a market-related price with the tenderer scoring the third highest points or cancel the tender. (c) If a market-related price is not agreed as envisaged in paragraph (b)(iii), the organ of state must cancel the tender. Local production and content 8.(1) The Department of Trade and Industry may, in consultation with the National Treasury(a) designate a sector, sub-sector or industry or product in accordance with national development and industrial policies for local production and content, where only locally produced services or goods or locally manufactured goods meet the stipulated minimum threshold for local production and content, taking into account economic and other relevant factors; and (b) stipulate a minimum threshold for local production and content. (2) An organ of state must, in the case of a designated sector, advertise the invitation to tender with a specific condition that only locally produced goods or locally manufactured goods, meeting the stipulated minimum threshold for local production and content, will be considered. (3) The National Treasury must inform organs of state of any designation made in terms of regulation 8(1) through a circular. (4)(a) If there is no designated sector, an organ of state may include, as a specific condition of the tender, that only locally produced services or goods or locally manufactured goods with a stipulated minimum threshold for local production and content, will be considered. (b) The threshold referred to in paragraph (a) must be in accordance with the standards determined by the Department of Trade and Industry in consultation with the National Treasury. (5) A tender that fails to meet the minimum stipulated threshold for local production and content is an unacceptable tender. Subcontracting as condition of tender 9.(1) If feasible to subcontract for a contract above R30 million, an organ of state must apply subcontracting to advance designated groups. (2) If an organ of state applies subcontracting as contemplated in subregulation (1), the organ of state must advertise the tender with a specific tendering condition that the successful tenderer must subcontract a minimum of 30% of the value of the contract to(a) an EME or QSE; 8 This gazette is also available free online at www.gpwonline.co.za
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(b) (c) (d) (e) (f)
an EME or QSE which is at least 51% owned by black people; an EME or QSE which is at least 51% owned by black people who are youth; an EME or QSE which is at least 51% owned by black people who are women; an EME or QSE which is at least 51% owned by black people with disabilities; an EME or QSE which is 51% owned by black people living in rural or underdeveloped areas or townships; (g) a cooperative which is at least 51% owned by black people; (h) an EME or QSE which is at least 51% owned by black people who are military veterans; or (i) more than one of the categories referred to in paragraphs (a) to (h). (3) The organ of state must make available the list of all suppliers registered on a database approved by the National Treasury to provide the required goods or services in respect of the applicable designated groups mentioned in subregulation (2) from which the tenderer must select a supplier. Criteria for breaking deadlock in scoring 10.(1) If two or more tenderers score an equal total number of points, the contract must be awarded to the tenderer that scored the highest points for B-BBEE. (2) If functionality is part of the evaluation process and two or more tenderers score equal total points and equal preference points for B-BBEE, the contract must be awarded to the tenderer that scored the highest points for functionality. (3) If two or more tenderers score equal total points in all respects, the award must be decided by the drawing of lots. Award of contracts to tenderers not scoring highest points 11.(1) A contract may be awarded to a tenderer that did not score the highest points only in accordance with section 2(1)(f) of the Act. (2) If an organ of state intends to apply objective criteria in terms of section 2(1)(f) of the Act, the organ of state must stipulate the objective criteria in the tender documents. Subcontracting after award of tender 12.(1) A person awarded a contract may only enter into a subcontracting arrangement with the approval of the organ of state. (2) A person awarded a contract in relation to a designated sector, may not subcontract in such a manner that the local production and content of the overall value of the contract is reduced to below the stipulated minimum threshold. (3) A person awarded a contract may not subcontract more than 25% of the value of the contract to any other enterprise that does not have an equal or higher B-BBEE status level of contributor than the person concerned, unless the contract is subcontracted to an EME that has the capability and ability to execute the subcontract. 9 This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 20 JANUARIE 2017
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Cancellation of tender 13. (1) An organ of state may, before the award of a tender, cancel a tender invitation if(a) due to changed circumstances, there is no longer a need for the goods or services specified in the invitation; (b) funds are no longer available to cover the total envisaged expenditure; (c) no acceptable tender is received; or (d) there is a material irregularity in the tender process. (2) The decision to cancel a tender invitation in terms of subregulation (1) must be published in the same manner in which the original tender invitation was advertised. (3) An organ of state may only with the prior approval of the relevant treasury cancel a tender invitation for the second time. Remedies 14.(1) Upon detecting that a tenderer submitted false information regarding its BBBEE status level of contributor, local production and content, or any other matter required in terms of these Regulations which will affect or has affected the evaluation of a tender, or where a tenderer has failed to declare any subcontracting arrangements, the organ of state must(a) inform the tenderer accordingly; (b) give the tenderer an opportunity to make representations within 14 days as to why(i) the tender submitted should not be disqualified or, if the tender has already been awarded to the tenderer, the contract should not be terminated in whole or in part; (ii) if the successful tenderer subcontracted a portion of the tender to another person without disclosing it, the tenderer should not be penalised up to 10 percent of the value of the contract; and (iii) the tenderer should not be restricted by the National Treasury from conducting any business for a period not exceeding 10 years with any organ of state; and (c) if it concludes, after considering the representations referred to in subregulation (1)(b), that(i) such false information was submitted by the tenderer(aa) disqualify the tenderer or terminate the contract in whole or in part; and (bb) if applicable, claim damages from the tenderer; or (ii) the successful tenderer subcontracted a portion of the tender to another person without disclosing, penalise the tenderer up to 10 percent of the value of the contract. (2)(a) An organ of state must(i) inform the National Treasury, in writing, of any actions taken in terms of subregulation (1); 10 This gazette is also available free online at www.gpwonline.co.za
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GOVERNMENT GAZETTE, 20 JANUARY 2017
(ii)
provide written submissions as to whether the tenderer should be restricted from conducting business with any organ of state; and (iii) submit written representations from the tenderer as to why that tenderer should not be restricted from conducting business with any organ of state. (b) The National Treasury may request an organ of state to submit further information pertaining to subregulation (1) within a specified period. (3) The National Treasury must(a) after considering the representations of the tenderer and any other relevant information, decide whether to restrict the tenderer from doing business with any organ of state for a period not exceeding 10 years; and (b) maintain and publish on its official website a list of restricted suppliers. Circulars and guidelines
(a) (b)
15. The National Treasury may issuea circular to inform organs of state of any matter pertaining to these Regulations; or a guideline to assist organs of state with the implementation of any provision of these Regulations.
Repeal of Regulations and saving 16.(1) Subject to this regulation, the Preferential Procurement Regulations, 2011, published in Government Notice No R. 502 of 8 June 2011 (herein called “the 2011 Regulations), are hereby repealed with effect from the date referred to in regulation 17. (2) Any sector designated and minimum threshold determined for local production and content for purposes of regulation 9 of the 2011 Regulations and in force immediately before the repeal of the 2011 Regulations, are regarded as having been done under regulation 8(1) of these Regulations. (3) Any tender advertised before the date referred to in regulation 17 must be dealt with in terms of the 2011 Regulations. Short title and commencement 17. These Regulations are called the Preferential Procurement Regulations, 2017 and take effect on 1 April 2017.
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No. 40553 31
Warning!!! To all suppliers and potential suppliers of goods to the Government Printing Works The Government Printing Works would like to warn members of the public against an organised syndicate(s) scamming unsuspecting members of the public and claiming to act on behalf of the Government Printing Works. One of the ways in which the syndicate operates is by requesting quotations for various goods and services on a quotation form with the logo of the Government Printing Works. Once the official order is placed the syndicate requesting upfront payment before delivery will take place. Once the upfront payment is done the syndicate do not deliver the goods and service provider then expect payment from Government Printing Works. Government Printing Works condemns such illegal activities and encourages service providers to confirm the legitimacy of purchase orders with GPW SCM, prior to processing and delivery of goods. To confirm the legitimacy of purchase orders, please contact:
Renny Chetty (012) 748-6375 ([email protected]),
Anna-Marie du Toit (012) 748-6292 ([email protected]) and
Siraj Rizvi (012) 748-6380 ([email protected])
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GOVERNMENT GAZETTE, 20 JANUARY 2017
Printed by and obtainable from the Government Printer, Bosman Street, Private Bag X85, Pretoria, 0001 Contact Centre Tel: 012-748 6200. eMail: [email protected] Publications: Tel: (012) 748 6053, 748 6061, 748 6065
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